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Full text of "Acts and resolves passed by the General Court"

ACTS 



RESOLVES 



PASSED BY THE 



General Court of Jlasisiacijusfettsi 



IN THE YEAR 



1934 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




CAMBRIDGE 

THE COSMOS PRESS 

1934 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1934 



t^° The General Court, which was chosen November 8, 1932, as- 
sembled on Wednesday, the third day of January, 1934, for its second 
annual session. 

His Excellency Joseph B. Ely and His Honor Gaspar G. Bacon 
continued to serve as Governor and Lieutenant Governor, respectively, 
for the political year of 1934. 



ACTS. 



An Act increasing the penalty for the crime of kid- Chap. 1 

NAPPING committed WITH INTENT TO EXTORT. 

Whereas, The deferred operation of this law would defeat Emergency 
its purpose, therefore it is hereby declared to be an emergency ^'^^'*™ '*' 
law, necessary for the immediate preservation of the public 
health, safety and convenience. 

Be it enacted by the Senate and House of Representatives in 
General Court assembled, and by the authority of the same, 
as follows: 

Section twenty-six of chapter two hundred and sixty-five o. l. (Xer. 
of the General Laws, as appearing in the Tercentenary f2'6,' amended. 
Edition thereof, is hereby amended by striking out, in the 
thirteenth line, the words "not more than twenty-five years" 
and inserting in place thereof the words : — life or for any 
term of years, — so as to read as follows: — Section 26. Kidnapping, 
Whoever, without lawful authority, forcibly or secretly con- ^*'^' ^*^"* *''' 
fines or imprisons another person within this commonwealth 
against his will, or forcibly carries or sends such person out 
of this commonwealth, or forcibly seizes and confines or in- 
veigles or kidnaps another person, with intent either to cause 
him to be secretly confined or imprisoned in this common- 
wealth against his will, or to cause him to be sent out of this 
commonwealth against his will or in any way held to service 
against his will, shall be punished by imprisonment in the 
state prison for not more than ten years or by a fine of not 
more than one thousand dollars and imprisonment in jail for 
not more than two years. Whoever commits any offence 
described in this section with the intent to extort money or 
other valuable thing thereby shall be punished by imprison- 
ment in the state prison for fife or for any term of years. 

Approved January 23, 1934. 

An Act relative to the eligibility of the secretary of Chav. 2 

THE BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY 
policies and BONDS TO SERVE ALSO AS THE REPRESENTA- 
TIVE OF THE COMMISSIONER OF INSURANCE ON SAID BOARD. 

Whereas, The deferred operation of this act would in part Emergency 
defeat its purpose, therefore it is hereby declared to be an preamble. 
emergency law, necessary for the immediate preservation of 
the pubhc convenience. 

Be it enacted, etc. as follows: 

Chapter twenty-six of the General Laws is hereby amended g l. (Ter. 
by striking out section eight A, as appearing in the Tercen- S^nled.^ ^^' 
tenary Edition thereof, and inserting in place thereof the 



Acts, 1934. — Chap. 3. 



Board of ap- 
peal on motor 
vehicle liability 
policies and 
bonds. 



Secretary may 
serve on the 
board as the 
representative 
of the commis- 
sioner of in- 
surance. 



following section : — Section 8 A . There shall be a board of 
appeal on motor vehicle liability policies and bonds serving 
in the division of insurance and consisting of the commissioner 
of insurance or his representative, the registrar of motor 
vehicles or a representative, and an assistant attorney general 
to be designated from time to time by the attorney general. 
The commissioner of insurance may by a writing, in such 
form as he may prescribe, filed in his office, designate from 
time to time a representative to act in his place and the com- 
missioner of public works may in like manner designate from 
time to time a representative to act in the place of said 
registrar. Any such designation may be revoked at any time 
and may run for such period as the designating officer may 
prescribe. The compensation of such a representative, if not 
an employee of the commonwealth, shall be fixed by the 
board, subject to the approval of the governor and council. 
The commissioner of insurance or his representative shall be 
the chairman of the board. With the approval of the governor 
and council, the board may appoint and remove a secretary 
and such clerical and other assistants as its work may re- 
quire. The secretary so appointed shall be eligible to serve 
also as the representative of the commissioner of insurance, 
if designated as aforesaid. All expenditures incurred under 
this section shall be paid from the highway fund. The 
secretary shall keep a record of all proceedings before the 
board, and he and such clerical and other assistants shall 
perform such duties as the board may direct. Any member 
of the board shall have power to summon and compel the 
attendance and testimony of witnesses and the production 
of books, records and documents and may administer oaths. 
Sections nine and eleven of chapter two hundred and thirty- 
three shall apply to the board and witnesses summoned be- 
fore it. The fees of witnesses before the board for attendance 
and travel shall be the same as for witnesses before a court 
in civil cases and need not be paid nor tendered to them prior 
to their attendance, and shall be paid by the commonwealth 
upon the certificate of the board or a member thereof filed 
with the comptroller. An office and a room for hearings 
shall be provided by the commonwealth, to be assigned by 
the governor and council. The board, with the approval of 
the governor and council, may make and amend reasonable 
rules and regulations to expedite and regulate hearings and 
the procedure before it. 

Approved January 23, 1934. 



Chap. 



Emergency 
preamble. 



3 An Act facilitating the obtaining of funds by certain 
trust companies through the issuance of preferred 



STOCK. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose to afford further relief to the depositors of 
banks, therefore this act is hereby declared to be an emer- 



Acts, 1934. — Chap. 3. 



gency law, necessary for the immediate preservation of the 
pubHc safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and twelve of the acts of 
nineteen hundred and thirty-three is hereby amended by 
striking out section six and inserting in place thereof the 
following: — Section 6. In case any trust company organized 
under general or special law is reorganizing under this act 
or resuming business under section twenty-three of chapter 
one hundred and sixty-seven of the General Laws or section 
eighty-eight of chapter one hundred and seventy-two of the 
General Laws, or in case, in the opinion of the commissioner, 
it is in the best interests of the depositors and other creditors 
of any trust company so organized, then such trust company, 
with the approval of the commissioner and if authorized by 
vote of stockholders owning a majority of the shares of stock 
thereof outstanding and entitled to vote, at a meeting duly 
called for the purpose, may issue participating certificates, 
and may also issue preferred stock of a par value of not less 
than ten dollars per share, in such amount or amounts and 
in such classes, for cash or such other good and valuable 
consideration and subject to such provisions, preferences, 
voting powers, restrictions or qualifications as shall be ap- 
proved by the commissioner, and such a trust company may 
make such amendments in its agreement of association or 
articles of organization, if any, as may be necessary for any 
such purpose; but in the case of any newly organized trust 
company which has not yet issued capital stock, the require- 
ment of vote of stockholders shall not apply but in such case 
a vote of a majority of the incorporators shall be required. 
Any or all classes of such preferred stock or certificates 
provided for herein may be set up upon the books of such 
trust company in such manner and in such amounts as the 
commissioner may approve. Notwithstanding the provisions 
of paragraph (a) of section seven, the capital stock of a trust 
company required by the first sentence of section eighteen 
of chapter one hundred and seventy-two of the General Laws 
or by special law, and the stock referred to in section fourteen 
of said chapter one hundred and seventy-two, may, with the 
approval of the commissioner, consist in part of such pre- 
ferred stock. 

Section 2. Section one of said chapter one hundred and 
twelve is hereby amended by inserting at the end the follow- 
ing new paragraph : — 

The word "reorganization", as used in this act, shall mean, 
without limiting the generality thereof, any merger or 
consoHdation of a trust company with any other trust 
company or bank or any national banking association or a 
transfer of all or a substantial part of the assets of a trust 
company to any bank, national banking association, trust 
company or other corporation. 

Approved January 25, 193 4. 



1933, 112, §6. 

amended. 



Reorganized 
trust com- 
panies may 
issue pre- 
ferred stock, 
etc. 



1933, 112, § 1, 
amended. 



Word "reor- 
ganization" 
defined. 



Acts, 1934. — Chaps. 4, 5, 6. 



Chap. 4 An Act empowering the home for Jewish children to 

TRANSFER ITS PROPERTY TO THE JEWISH CHILD WELFARE 
ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The Home for Jewish Children, incorporated 
under general law, is hereby empowered to transfer, assign, 
set over, and convey all funds and property held by it to the 
Jewish Child Welfare Association, incorporated under 
general law, and the Jewish Child Welfare Association is 
hereby empowered to receive the same and to hold, manage 
and dispose of all such funds and property charged with any 
trust, upon the same trusts, uses and purposes as if the same 
had continued to be held by the said Home for Jewish 
Children for the fulfillment of the charitable purposes of said 
corporation. 

Section 2. The power hereby granted shall be exercised 
only in conformity with such a decree, if any, of the supreme 
judicial court, sitting in equity for the county of Suffolk, as 
may be entered within one year after the passage of this act. 

Section 3. This act shall not take effect until it shall 
have been accepted by the votes of the board of directors, 
or the officers having the powers of directors, of each of said 
corporations and copies of the respective votes of acceptance 
shall have been filed with the secretary of the common- 
wealth. Approved January 25, 1934. 

Chap. 5 An Act authorizing the town of bourne to appropriate 

MONEY FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Bourne may, by a two thirds 
vote, appropriate each year a sum not exceeding twenty-five 
hundred dollars for providing amusements or entertainments 
of a pubHc character. Money so appropriated shall be ex- 
pended under the direction of the board of selectmen. 

Section 2. Chapter six hundred and sixty-six of the 
acts of nineteen hundred and thirteen is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved January 29, 1934- 



Chap. 6 An Act enabling the town of milton to sell a portion 
OF its playground on blue hill avenue. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may sell at public 
auction or private sale, and convey, the whole or any part 
of a certain parcel of real estate situated in that town, which 
has been held for playground purposes and is no longer needed 
for public use, and shall use the proceeds of such sale for the 
purposes stated in section sixty-three of chapter forty-four 



Acts, 1934. — Chap. 7. 

of the General Laws. Said parcel of land is bounded and 
described as follows: Commencing at a point in the easterly- 
side line of Blue Hill avenue at land now or formerly of 
Harriet M. Manning et al; thence running a little south of 
easterly along said land of Manning et al eighty-five feet to 
land of Nora B. Will; thence running southeasterly, in two 
courses, nineteen and fifty one hundredths feet and thirty- 
nine and seventy-five one hundredths feet along said land of 
Will to a point; thence running a little north of westerly one 
hundred thirty-six and ninety-five one hundredths feet to 
the easterly side line of Blue Hill avenue; thence running a 
little east of northerly along said easterly side line twenty- 
eight feet to the point of beginning; containing three thou- 
sand and thirty-three square feet, more or less. 

Section 2. Action hereunder may be taken by the town 
at the annual meeting to be held in March in the current 
year, but not thereafter, except so far as is necessary to cany 
out the provisions of any vote passed at said meeting or to 
use as aforesaid the proceeds of said sale. 

Section 3. This act shall take effect upon its passage. 

Approved January 29, 1934- 



An Act providing for extending further the territory 

OF THE DRACUT WATER SUPPLY DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and thirty- three of 
the acts of nineteen hundred and five is hereby amended by 
striking out section one, as amended by section one of chapter 
one hundred and eighteen of the Special Acts of nineteen 
hundred and nineteen and as affected by section one of chap- 
ter one hundred and fifty-one of the acts of nineteen hundred 
and twenty-nine, and inserting in place thereof the following: — 
Section 1. The inhabitants of the town of Dracut, liable to 
taxation in said town and residing within the territory in- 
closed by the following boundary lines, to wit : — Beginning 
at a point on the Lowell and Dracut line three hundred feet 
westerly of the middle line of Mammoth road; and thence 
running northerly by a line parallel with and three hundred 
feet westerly from the middle fine of Mammoth road to a point 
one thousand feet northerly of the intersection of the middle 
line of Mammoth road with the middle line of Gerrish avenue ; 
thence northeasterly by a line parallel with and one thousand 
feet northwesterly from the middle line of Gerrish avenue 
crossing Donahue road and running to a point three hundred 
feet northeasterly from the middle line of said Donahue 
road; thence running southeasterly by a line parallel with 
and three hundred feet northeasterly from the middle line of 
Donahue road to a point three hundred feet westerly from 
the middle line of Phineas street; thence in a northerly di- 
rection by a fine parallel with and three hundred feet west of 
the middle line of Phineas street, to a point three hundred feet 



Chap. 



Acts, 1934. — Chap. 7. 

west of the middle line of Lakeview avenue; thence northerly 
parallel with said middle line of Lakeview avenue to a point 
three hundred feet beyond the point of intersection of the 
middle line of Lakeview avenue with the middle line of the 
New Boston road, so-called; thence running westerly to the 
middle line of Mammoth road, at a point which is distant 
two thousand feet southerly from the intersection of the 
middle line of Mammoth road with the middle line of Lake- 
view avenue at Collinsville, and continuing in the same course 
to a point three hundred feet westerly of the middle line of 
Mammoth road; thence northwesterly to the middle line of 
Lakeview avenue at a point which is distant fourteen hundred 
feet westerly from said intersection of the middle line of 
Mammoth road with the middle line of Lakeview avenue, 
and continuing in the same course to a point three hundred 
feet northerly of the middle line of Lakeview avenue; thence 
easterly by a line parallel with and three hundred feet north- 
erly from the middle line of Lakeview avenue to a point dis- 
tant three hundred feet westerly of the middle line of Mam- 
moth road ; thence northerly by a line parallel with and three 
hundred feet westerly from the middle line of Mammoth 
road to a point distant fourteen hundred feet northerly from 
the middle line of Lakeview avenue; thence easterly across 
Mammoth road and across Beaver Brook to the middle line 
of Primrose Hill road, so-called, at a point which is distant 
seven hundred feet northerly from the middle line of Lake- 
view avenue and continuing in the same course to a point 
three hundred feet easterly of the middle line of Primrose 
Hill road; thence southerly by- a line parallel with and three 
hundred feet easterly from the middle line of said Primrose 
Hill road to a point distant three hundred feet northerly from 
the middle line of Lakeview avenue; thence easterly and 
southeasterly by a line parallel with and three hundred feet 
northerly and northeasterly from the middle line of Lake- 
view avenue to a point distant three hundred feet northerly 
from the middle line of said New Boston road; thence easterly 
by a straight line to the boundary stone at the northwest 
corner of the lot of land on which the reservoir is now situated, 
thence along the north boundary line of said reservoir lot 
to the northeast bound; thence southerly along the easterly 
line of said reservoir lot to the southeast corner bound; 
thence in a straight line to a point two hundred feet from Fox 
avenue just east of and near the building formerly known 
as the Milton Fox residence ; thence along a line two hundred 
feet from and parallel with the middle line of said Fox avenue 
to a point formed by the intersection of said line with a line 
parallel to and three hundred feet southeasterly from Broad- 
way; thence southwesterly by a line parallel with and three 
hundred feet southeasterly from said Broadway to a point 
formed by the intersection of said line with a line parallel to 
and three hundred feet north of the middle Hne of Loon Hill 
road, so-called; thence easterly by said line three hundred 
feet north of and parallel with Loon Hill road, a distance of 



Acts, 1934. — Chap. 8. 

fifteen hundred feet ; thence parallel with and fifteen hundred 
feet southeasterly from said Broadway to a point formed by 
the intersection of said line parallel with Broadway and the 
Lowell and Dracut line; thence by the said Lowell and Dracut 
line to the point of beginning, — shall constitute a water 
district, and are hereby made a body corporate by the name 
of the Dracut water supply district, for the purpose of 
supplying themselves with water for the extinguishment of 
fires and for domestic and other purposes, with power to 
establish fountains and hydrants and to relocate and dis- 
continue the same, to regulate the use of such water and to 
fix, and collect, rates to be paid therefor, and to take, or 
acquire by lease, purchase or otherwise, and to hold, property, 
lands, rights of way and easements for the purposes men- 
tioned in this act, and to prosecute and defend in all actions 
relating to the property and affairs of the district. The said 
district shall not enter upon, construct or lay any conduits, 
pipes or other works within the location of any railroad 
corporation, except at such time and in such manner as it 
may agree upon with such corporation, or, in case of failure 
so to agree, as may be approved by the department of public 
utilities. 

Section 2. Said chapter four hundred and thirty-three 
is hereby further amended by adding at the end thereof the 
following new section: — Section 15. Upon a petition in 
writing addressed to said commissioners requesting that 
certain real estate, accurately described therein, located in 
said town and abutting on said district be included within 
the limits thereof, and signed by the owners of such real 
estate, or a major portion thereof, said commissioners shall 
cause a duly warned meeting of the district to be called, at 
which meeting the voters may vote on the question of in- 
cluding said real estate within the district. If a majority of 
the voters present and voting thereon vote in the affirmative 
the district clerk shall within ten days file with the town clerk 
of said town and with the state secretary an attested copy 
of said petition and vote ; and thereupon said real estate shall 
become and be part of the district and shall be holden under 
this act in the same manner and to the same extent as the 
real estate described in section one. 

Section 3. This act shall take effect upon its passage. 

Approved February 1, 1934- 



An Act making the provisions of the civil service laws Chap. 

APPLICABLE TO THE TOWN OF SWAMPSCOTT WITH RESPECT 
TO ITS HIGHWAY DEPARTMENT. 

Be it enacted, etc., as follows: 

Section L The provisions of chapter thirty-one of the 
General Laws and the rules made thereunder, including those 
relative to the employment of laborers designated as the 
"labor service", shall be in force in the town of Swampscott 



10 



Acts, 1934. — Chaps. 9, 10. 



with respect to all appointive offices and positions in the high- 
way department of said town. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the current year in 
the form of the following question, which shall be placed upon 
the official ballot to be used for the election of town officers at 
said meeting: — "Shall an act passed by the general court in 
the year nineteen hundred and thirty-four, entitled 'An Act 
making the Provisions of the Civil Service Laws Applicable 
to the Town of Swampscott with Respect to its Highway 
Department', be accepted?" If a majority of the votes in 
answer to said question are in the affirmative, then this act 
shall thereupon take effect, but not otherwise. 

Approved February 1, 1934. 



Chap. 9 An Act extending the period of operation of certain 

LAWS authorizing DOMESTIC CORPORATIONS TO CON- 
TRIBUTE TO CERTAIN FUNDS FOR THE BETTERMENT OF 
SOCIAL AND ECONOMIC CONDITIONS. 



Einersency 
preamble. 



1933, 8, § 3, 
amended. 



Termination 
of act. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section three of chapter eight of the acts of nineteen hun- 
dred and thirty-three is hereby amended by striking out, in 
the second line, the words "one year" and inserting in place 
thereof the words : — two years, — so as to read as follows: — 
Section 3. This act shall become inoperative at the expiration 
of two years from its effective date. 

Approved February 9, 1934. 



Chap. 10 An Act extending the time within which the town of 

WILMINGTON MAY BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seventeen of the 
acts of nineteen hundred and twenty-nine is hereby amended 
by striking out, in the ninth line, the word "five" and in- 
serting in place thereof the word : — ten, — so as to read as 
follows : — Section 1 . For the purpose of providing additional 
school accommodations in the town of Wilmington by the 
acquisition of land and/or the construction of a new school 
building or buildings, or by enlarging, remodelling and/or 
constructing additions to its present school buildings, in- 
cluding the original equipment and furnishing of such new 
buildings or of such additions as increase the floor space of 
said present buildings, said town may borrow from time to 
time, within a period of ten years from the passage of this 
act, such sums as may be necessary, not exceeding, in the 



Acts, 1934. — Chap. 11. 



11 



aggregate, fifty thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Wilmington School Loan, Act of 1929. Each authorized 
issue shall constitute a separate loan, and such loans shall 
be paid in not more than fifteen years from their dates, but 
no issue shall be authorized under this act unless a sum equal 
to an amount not less than ten per cent of such authorized 
issue is voted for the same purpose to be raised by the tax 
levy of the year when authorized. Indebtedness incurred 
under this act shall be inside the statutory limit and shall, 
except as provided herein, be subject to chapter forty-four 
of the General Laws exclusive of the limitation contained in 
the first paragraph of section seven thereof, as revised by 
chapter three hundred and twenty-four of the acts of nine- 
teen hundred and twenty-eight. 
Section 2. This act shall take effect upon its passage. 

Approved February 13, 1934- 



An Act relative to temporary loans by cities, towns Chap. 11 

AND certain districts IN ANTICIPATION OF REVENUE. 



Whereas, In order to enable cities, towns and districts to 
borrow on the most favorable terms, it is desirable to provide 
immediate assurance that municipal notes for temporary 
loans, heretofore or hereafter issued, constitute general ob- 
ligations of the municipalities issuing the same, therefore 
this act is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section L Section four of chapter forty-four of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the fourth 
line, the words "and expressly made payable therefrom by 
such vote", — so as to read as follows: — Section 4- Cities, 
towns and fire, water, light and improvement districts may, 
by a majority vote, incur debt for temporary loans in antici- 
pation of the revenue of the financial year in which the debt 
is incurred, and may issue notes therefor to an amount 
which for cities and towns shall not exceed in the aggregate 
the total tax levy of the preceding financial year, together 
with the bank, corporation, street railway and income tax 
received during the preceding financial year, exclusive of 
special or additional assessments or revenue from any other 
source except payments made by the commonwealth in lieu 
of taxes on account of property taken for institutions or for 
metropolitan district purposes. Such notes shall be payable, 
and shall be paid, not later than one year from their date, 
and shall not be renewed or paid by the issue of new notes, 
except as provided in section seventeen. 

Section 2. Said section four of said chapter forty-four 
of the General Laws, as amended by section one of this act, 
shall apply to the city of Boston, and notes of said city issued 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 44, § 4, 
amended. 



Cities, towns 
and districts 
may borrow 
for one year in 
anticipation 
of revenue. 



Act to apply 
to city of 
Boston. 



12 



Acts, 1934. —Chaps. 12, 13. 



Certain out- 
stnnding notes 
of city of 
Boston 
confirmed. 



thereunder may be renewed in the manner provided in sec- 
tion seventeen of said chapter forty-four. 

Section 3. Notes now outstanding issued pursuant to 
said section four by any city, town or district and notes now 
outstanding issued for temporary loans in anticipation of 
taxes by the city of Boston are hereby confirmed as and de- 
clared to be general obligations which the city, town or dis- 
trict issuing them is liable to pay to the holders thereof from 
all its available resources and not solely from the revenue 
of any particular year. 

Approved February 13, 1934- 



Chap. 12 



Emergency 
preamble. 



G. L. (Ter. 

Ed.), 175, 

§ 25, amended. 



Annual state- 
ment of certain 
insurance 
companies, 
form of. 



An Act relative to the annual statement of fire, 

MARINE, and fire AND MARINE INSURANCE COMPANIES. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section twenty-five of chapter one hundred and seventy- 
five of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out the last 
paragraph of Form A, to wit: — "The exhibit of risks and 
premiums shall show the gross amount of the risks in force 
on December thirty-first preceding, the amount of the risks 
written or renewed, the amount terminated, the amount 
reinsured and the amount in force on December thirty-first 
of the year covered by the statement, and the gross premiums 
on all of the risks mentioned herein". 

Approved February 13, 1934- 



ChaV 13 ^^ ^^^ AUTHORIZING THE TOWN OF LONGMEADOW TO USE 
^' CERTAIN LAND IN SAID TOWN AS A PUBLIC PARK AND PUBLIC 

PLAYGROUND, AND TO ERECT AND MAINTAIN CERTAIN 
STRUCTURES ON SAID LAND. 

Be it enacted, etc., as follows: 

Section 1. The town of Longmeadow is hereby author- 
ized to use as a public park and public playground the land 
in said town heretofore acquired by it for water supply and 
water department purposes, and no longer needed for such 
purposes, except such portion thereof as lies within the 
present bounds of Laurel street, a public way, and such land 
and the structures thereon shall thereafter be under the 
same care and control as other land used by said town for 
park purposes. Said town is further authorized to erect and 
maintain on said land for recreation purposes such buildings 
and structures, whether or not exceeding six hundred square 
feet in area on the ground, as its board of park commis- 



Acts, 1934. — Chap. 14. 



13 



sioners may deem expedient, and to equip and maintain 
the same. 

Section 2. This act shall take effect upon its passage. 

Approved February 13, 193 4. 



G. L. (Ter. 
Ed.), 175, 
new section 
160B, added. 



Commissioner 
of insurance 
may publish 
certain infor- 
mation relative 
to unlicensed 
foreign insur- 
ance com- 
panies. 



An Act authorizing the commissioner of insurance to Chap. 14 

PUBLISH CERTAIN INFORMATION RELATIVE TO UNLICENSED 
FOREIGN INSURANCE COMPANIES OR SOCIETIES. 

Whereas, There is immediate need of the protection to the Emergency 
people of the commonwealth which this act seeks to provide, p'"«»™*'1«- 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws is hereby amended by inserting after section 
one hundred and sixty A, inserted therein by section one of 
chapter twenty-five of the acts of nineteen hundred and 
thirty-three, the following new section: — Section 160B. The 
commissioner may, if it appears to him that any foreign 
company or fraternal benefit society not duly licensed to 
transact business in this commonwealth is issuing policies 
of insurance, annuity or pure endowment contracts or benefit 
certificates to residents thereof, or is seeking to induce such 
residents by advertisements printed, published or distributed 
therein through the mails or otherwise, or by any other means, 
to take out its policies, contracts or certificates, or to solicit 
or act in the solicitation of applications for, or to negotiate, 
effect or procure, or act or aid in the negotiation, effecting 
or procurement of, such policies, contracts or certificates or 
to collect premiums thereon, cause notice to be published in 
such manner and form as he may deem proper, setting forth 
the name of the company or society, the location, if known, 
of its home or principal oflfice, the fact that such company or 
society is not licensed to transact business in the common- 
wealth and is not amenable to suit in the courts of this com- 
monwealth to enforce claims under its policies, contracts or 
certificates, together with any other pertinent facts of which 
he may be cognizant or information that he may possess 
relative to the financial standing or stability, business 
policies, methods, operations, management or reliability of 
the company or society. 

Section 2. Section five of chapter one hundred and 
seventy-six of the General Laws, as amended by section two 
of said chapter twenty-five, is hereby further amended by 
inserting after the words "sixty A" in the fourth line the 
words: — , one hundred and sixty B, — so as to read as 
follows: — Section 5. Societies shall be governed by this 
chapter, and shall be exempt from all other provisions of the 
insurance laws of the commonwealth except sections sixteen, 
one hundred and sixty A, one hundred and sixty B and one 



G. L. (Ter. 
Ed.), 176, § 5, 
etc., amended. 



Laws appli- 
cable to frater- 
nal benefit 
societies. 



14 



Acts, 1934. — Chaps. 15, 16. 



hundred and seventy-eight to one hundred and eighty, in- 
clusive, of chapter one hundred and seventy-five, not only 
in governmental relations with the commonwealth, but for 
every other purpose; and no law hereafter enacted shall 
apply to them unless they are expressly designated therein. 

Approved February 13, 1934- 



Chap. 15 An Act relative to the transfer to certain institutions 
OF insane prisoners in the state prison colony. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 123, 

§ 102, 
amended. 

Transfer of 
certain insane 
prisoners to 
other institu- 
tions. 



Whereas, The deferred operation of this act would cause 
substantial inconvenience, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-three of the General 
Laws is hereby amended by striking out section one hundred 
and two, as appearing in the Tercentenary Edition thereof, 
and inserting in place thereof the following: — Section 102. 
The department shall designate two persons, experts in 
insanity, to examine prisoners in the state prison, state 
prison colony, the Massachusetts reformatory, the prison 
camp and hospital or the reformatory for women, alleged to 
be insane. If any such prisoner appears to be insane or in 
such mental condition that his commitment to an insti- 
tution for the insane is necessary for his proper care or 
observation pending the determination of his insanity, the 
warden or superintendent shall notify one or both of said 
experts, who shall, with the physician of such penal insti- 
tution, examine the prisoner and report the result of their 
investigation to the superior court for the county where 
such penal institution is situated. For the purposes of this 
and the following section, "superior court" may, in respect 
to a prisoner in the state prison colony, include the district 
court of western Norfolk, in respect to a prisoner in the 
Massachusetts reformatory, the district court of central 
Middlesex, and in respect to a prisoner in the reformatory 
for women, the first district court of southern Middlesex. 

Approved February 13, 1934- 



Chap. 16 An Act relative to the awarding of certain contracts 

BY the city of GARDNER. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-four of chapter one hundred 
and nineteen of the acts of nineteen hundred and twenty-one 
is hereby amended by striking out, in the fourth line, the 
word "two" and inserting in place thereof the word: — five, 
— so as to read as follows: — Section 34- No contract for 
construction work or for the purchase of apparatus, supplies 
or materials, whether the same shall be for repairs or original 
construction, the estimated cost of which amounts to or 



Acts, 1934. — Chap. 17. 15 

exceeds five hundred dollars, except in cases of special emer- 
gency involving the health or safety of the people or their 
property, shall be awarded unless proposals for the same shall 
have been invited by advertisements in at least one news- 
paper published in the city once a week for at least two 
consecutive weeks, the last publication to be at least one 
week before the time specified for the opening of said pro- 
posals. Such advertisements shall state the time and place 
where plans and specifications of the proposed work or sup- 
plies may be had and the time and place for opening the 
proposals in answer to said advertisements, and shall reserve 
to the city the right to reject any or all of such proposals. 
All such proposals shall be opened in public. No bill or con- 
tract shall be split or divided for the purpose of evading 
any provision of this act. 

Section 2. This act shall take effect upon its passage. 

Approved February 13, 1934. 



An Act correcting a certain course of certain harbor Chap. 17 

LINES ON the southerly SIDE OF THE CHARLES RIVER AT 
the CHARLESTOWN BRIDGE IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
thirty-nine of the acts of nineteen hundred and thirty is 
hereby amended by striking out in the twenty-fourth line 
the words "south sixty degrees, forty-one minutes, eleven 
seconds east" and inserting in place thereof the following: 
— south twenty-nine degrees, eighteen minutes, forty-nine 
seconds east, — so as to read as follows: — Section 1. The 
harbor lines on the southerly side of a portion of the Charles 
river are hereby changed and established as follows : — The 
location of each of the angle points in the lines hereinafter 
described is fixed by a distance hereinafter called longitude, 
in feet, from a meridian passing through the center of the 
apex of the dome of the state house in Boston, and by a 
distance hereinafter called latitude, in feet, from a line 
at right angles to said meridian and passing through the said 
center of the apex of the state house dome, and the bearings 
refer to the true meridian passing through the center of said 
apex. Beginning at point G' as defined in chapter seventy 
of the acts of nineteen hundred and twenty-seven, in latitude 
three thousand six hundred eight feet north and longitude 
six hundred ninety-six feet east, thence north eighty-two 
degrees forty-one minutes four seconds east one hundred 
forty-nine and twenty-one hundredths feet to a point A' 
in latitude three thousand six hundred twenty-seven feet 
north and longitude eight hundred forty-four feet east; 
thence north sixty-two degrees forty-five seconds east three 
hundred ninety-six and thirty-five hundredths feet to point 
B' in latitude three thousand eight hundred thirteen feet 
north and longitude one thousand one hundred ninety-four 



16 Acts, 1934. — Chap. 18. 

feet east ; thence south twenty-nine degrees, eighteen minutes, 
forty-nine seconds east two hundred sixty-eight and fifty- 
nine hundredths feet to point X in latitude three thousand 
five hundred seventy-eight and eight tenths feet north and 
longitude one thousand three hundred twenty-five and five 
tenths feet east, said point X being the point X in the harbor 
line established by chapter one hundred and seventy of the 
acts of eighteen hundred and eighty. 

Section 2. This act shall take effect upon its passage. 

Approved February 13, 1934. 

An Act relocating certain harbor lines in fairhaven 

HARBOR. 

Chap. 18 Be it enacted, etc., as follows: 

Section 1. Chapter eighty of the acts of nineteen 
hundred and twenty-nine is hereby amended by striking out 
a portion of the second paragraph of section one, beginning 
with the words "Beginning at point A" and continuing to 
the words "said point D being located", in the thirty-second 
line of said second paragraph, and inserting in place thereof 
the following : — Beginning at a point A in latitude six 
hundred fifty-one and seventy-one hundredths feet north 
and longitude eight hundred sixty and thirty-seven hun- 
dredths feet west, said point A being north fifty-two degrees, 
fifty-one minutes, twenty-five seconds west, true bearing, 
one thousand seventy-nine and thirty-three hundredths feet 
from above described mark 1 ; thence north one degree, fifty 
minutes, seven seconds west, true bearing, one thousand, 
eight hundred twenty feet to point B in latitude, two thou- 
sand, four hundred seventy and seventy-seven hundredths 
feet north and longitude nine hundred eighteen and sixty- 
five hundredths feet west, said point B being located north 
twenty-two degrees, thirty-four minutes, thirty seconds 
west, true bearing, six hundred and fifty-one hundredths feet 
from mark 2 on the southwesterly corner of Atlas Tack Com- 
pany's wharf in Fairhaven; thence north thirty-six degrees, 
forty-four minutes, nineteen seconds west, true bearing, one 
thousand four hundred forty-four and ninety-three hun- 
dredths feet to point Ci, in latitude three thousand, six hun- 
dred twenty-eight and seven tenths feet north and longitude 
one thousand, seven hundred eighty-two and ninety-six 
hundredths feet west, said point Ci, being located north 
forty-nine degrees, fifty-four minutes, twelve seconds west, 
true bearing, three hundred seventy-two and eleven hun- 
dredths feet from mark 3 on the northwesterly corner of 
Central Wharf in Fairhaven; thence north three degrees, 
fifty-three seconds west, true bearing, six hundred thirty 
feet to point D in latitude four thousand, two hundred fifty- 
seven and eighty-three hundredths feet north and longitude 
one thousand eight hundred sixteen and one tenth feet west. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruanj 13, 1934-. 



Acts, 1934. — Chaps. 19, 20. 



17 



An Act relative to the mailing of notices of the ex- Chap. 19 

PIRATION of commissions OF JUSTICES OF THE PEACE AND 
NOTARIES PUBLIC. 



Whereas, The taking effect of this act upon passage will 
result in substantial saving of state funds, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section fifteen of chapter nine of the General Laws, as 
appearing in the Tercentenary Edition thereof, is hereby 
amended by inserting after the word "registered" in the 
first line the words: — or insured, — so as to read as follows: 
— Section 15. The secretary shall send by registered or in- 
sured mail to every justice of the peace or notary public a 
notice of the time of expiration of his commission, not more 
than thirty nor less than fourteen days before such expiration. 

Approved February 13, 1934- 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 9, § 16, 
amended. 



Notice of 
expiration of 
commissions 
of notary 
public, etc. 



An Act authorizing the sale of certain land held by Chap. 20 

THE CITY of NEWTON FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton may, by a majority vote 
of its board of aldermen, approved by the mayor, sell and 
convey, upon such terms and conditions as it may deem ex- 
pedient, the following described parcel of land, or any part 
thereof, situated in said city, now held by it for park pur- 
poses: — Beginning at a point in the northeasterly line of East 
Side Parkway at land of Joseph A. Callahan & Juha R. Calla- 
han, distant 6.48 feet northerly from the southerly tangent 
point of a curve of 62.59 feet radius at the junction of said 
northeasterly line of East Side Parkway with the south- 
easterly line of Newton ville Avenue; thence by a curve to 
the left in a southerly and southeasterly direction of 694.41 
feet radius, 179.18 feet by said land of Joseph A. Callahan 
et al. and by lands of Arthur B. Nash & Catherine A. Nash 
and Frank E. H. Johnson; thence southeasterly 47.00 feet 
by said land of Frank E. H. Johnson and by land of Edmund 
Miller & Mary G. Miller; thence by a curve to the right of 
2562.17 feet radius, 219.87 feet by said land of Edmund 
Miller et al. and by lands of Katheryn T. Scott, Langdon 
Coffin and John T. Burns & Sons Inc., the last three de- 
scribed lines being by the southeasterly line of land of the 
city of Newton, Cabot Park, to a point in said southeasterly 
line of East Side Parkway at the northwesterly tangent point 
of a curve of 706.85 feet radius in said southeasterly line of 
East Side Parkway; thence by a curve to the left in a north- 
erly and northwesterly direction of 502.58 feet radius, 129.28 
feet; thence northwesterly 102.42 feet; thence by a curve to 
the right of 268.95 feet radius, 221.56 feet; thence by a curve 



18 



Acts, 1934. — Chap. 21. 



to the right of 62.59 feet radius, 6.48 feet to the point of 
beginning, the last four described hues being by said south- 
easterly line of East Side Parkway. 

Section 2. This act shall take effect upon its passage. 

Approved February 13, 1934. 



Chap. 21 An Act relative to the securing of the benefits of the 

NATIONAL INDUSTRIAL RECOVERY ACT BY CITIES AND 
TOWNS AND FIRE, WATER, LIGHT AND IMPROVEMENT 
DISTRICTS. 



Emergency 
preamble. 



1933, 366, 
Part 1, § 2, 
amended. 

Cities and 
towns may 
engage in 
program of 
public works, 
etc. 



May borrow 
money. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose to alleviate promptly conditions of wide- 
spread unemployment, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and sixty-six of the 
acts of nineteen hundred and thirty-three is hereby amended 
by striking out section two of Part one, and inserting in 
place thereof the following : — Section 2. Any city or town, 
including Boston and Worcester, if authorized by a two 
thirds vote as defined in section one of chapter forty-four of 
the General Laws, with the approval of the mayor of such 
a city, may engage in any public works project included in 
any "comprehensive program of public works" prepared 
under section two hundred and two of Title II of the National 
Industrial Recovery Act, but only in case such project is 
approved, as hereinafter provided, by the board and by the 
governor and in case the proper federal authorities have 
approved a grant therefor of federal money under section 
two hundred and three of said Title II. Such projects, so 
approved, shall be carried out in all respects subject to the 
provisions of said Title II and to such terms, conditions, rules 
and regulations, not inconsistent with applicable federal 
laws and regulations, as the board may establish, with the 
approval of the governor, to ensure the proper execution of 
such projects. Any such city or town may accept and use 
for carrjdng out any project so approved any grant, or any 
grant and loan, of federal funds under section two hundred 
and three of said Title II; and, for the purpose only of carry- 
ing out such project, may borrow from the United States of 
America or other sources, or both, such sums as may be 
fixed by the board as hereinafter provided, and may issue 
bonds, notes or other forms of written acknowledgment of 
debt for such terms and carrjdng interest at rates not exceed- 
ing such rates as may be fixed by the board as hereinafter 
provided. Any city or town may borrow hereunder for proj- 
ects for which borrowings are authorized by section seven 
of said chapter forty-four and for other projects for which 
borrowings are not authorized by section eight of said chapter, 
amounts not exceeding in the aggregate one per cent of the 



Acts, 1934. — Chap. 21. 19 

average of the assessors' valuation of its taxable property 
for the three preceding years, reduced and otherwise deter- 
mined as provided in section ten of said chapter, without 
affecting its future borrowing capacity, and in addition, after 
such limit of one per cent is reached, may so borrow therefor 
so much as may be required of any amount within its debt 
limit, as determined in accordance with said section ten, 
not then borrowed or authorized by such city or town to be 
borrowed; and any city or town may borrow hereunder for 
projects of any class for which borrowings are authorized by 
section eight of said chapter, water projects being treated as 
a single class for the purposes hereof, amounts not exceeding 
in the aggregate one per cent of the last preceding assessed 
valuation of such city or town, without affecting its future 
borrowing capacity, and in addition, after such limit of one 
per cent is reached, may so borrow therefor so much as may 
be required of any amount authorized by said section eight 
for such class of projects not then borrowed or authorized by 
such city or town to be borrowed, and no borrowing here- 
under for any project for which borrowings are authorized 
by said section eight shall be reckoned in determining the 
borrowing capacity of such city or town under said section 
ten. For the purposes of the foregoing sentence, the limit of 
indebtedness of the city of Boston shall be computed in 
accordance with the provisions of section ten of said chapter 
forty-four as provided in section two of chapter two hundred 
and twenty-five of the acts of nineteen hundred and thirty- 
one. In fixing the amounts that may be borrowed hereunder 
for projects for which borrowings are not authorized by said 
chapter forty-four, the board shall be guided by the above 
limitations as applied to the provisions of said chapter 
applicable to like projects. The board shall fix the terms of 
and maximum rates of interest on the bonds, notes or other 
forms of written acknowledgment of debt issued hereunder; 
which terms and rates of interest, in case of obligations to be 
issued to the United States of America, shall be fixed in 
accordance with the applicable federal laws and regulations 
and subject to the approval of the proper federal authorities. 
All the provisions of said chapter forty-four, exclusive of 
the limitation contained in the first paragraph of section 
seven thereof, that no loan shall be authorized unless a sum 
equal to twenty-five cents on each one thousand dollars of 
the assessed valuation of the city or town has been appro- 
priated or voted to be raised by taxation, shall apply to any 
borrowing hereunder by any city or town, including Boston 
and Worcester, except as hereinbefore provided and, in 
respect of any borrowing from the United States of America, 
except in so far as such provisions of law may be in conflict 
with applicable federal laws and regulations. Each city or 
town seeking the approval of any projects by the board shall 
submit to it all information required with respect to the 
financial condition of such city or town, its outstanding in- 
debtedness within and without its limit of indebtedness, the 



20 



Acts, 1934. — Chaps. 22, 23. 



Certain bonds, 
etc., made 
valid obli- 
gations. 



estimated cost of the project, the alleged necessity therefor, 
and the proposed method of financing the same. In granting 
or withholding its approval, the board shall take into con- 
sideration, among other things, the necessity of the pro- 
posed project, the ability of such city or town to finance the 
same, the extent to which the carrying out of the project 
will tend to relieve unemployment and the extent to which 
the maintenance of the project when completed will tend to 
increase or decrease the annual expenditures of such city or 
town and to increase or decrease the tax burden upon its 
inhabitants. 

Section 2. All bonds, notes or other forms of written 
acknowledgment of debt authorized and issued at any time 
after July twenty-second, nineteen hundred and thirty-three 
in accordance with the provisions of chapter three hundred 
and sixty-six of the acts of nineteen hundred and thirty- 
three, as hereby amended, shall be legal, valid and binding 
obligations and shall have the same effect on the future 
borrowing capacity of the city or town issuing them as if they 
had been issued under said chapter as hereby amended. 

Approved February 13, 1934- 



Chap. 22 An Act repealing obsolete provisions of law relative 
TO domestic mutual marine and fire and marine in- 
surance companies. 

Be it enacted, etc., as follows: 

Ed^' ^'^^^' Section eighty-seven of chapter one hundred and seventy- 

repealed^' ^^' five of the General Laws is hereby repealed. 

Approved February 13, 1934- 



Chap. 23 -^N Act authorizing the appointment as special police 

officers of agents of the LOWELL HUMANE SOCIETY. 

Be it enacted, etc., as follows: 

Section ten of chapter one hundred and forty-seven of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the third line, 
the word "or" and inserting in place thereof a comma, and 
by inserting after the word "Association" in the fourth line 
the words : — or The Lowell Humane Society, — so as to 
read as follows: — Section 10. The commissioner may ap- 
point, at the request of the Massachusetts Society for the 
Prevention of Cruelty to Animals, the Animal Rescue 
League of Boston, the Boston Work Horse Rehef Association 
or The Lowell Humane Society, duly accredited agents of 
the corporation so requesting as special police officers to 
serve for one year, subject to removal by the commissioner. 
Such special police officers shall report to him as to their 
official acts at such times and in such manner as he may re- 
quire. They shall serve without pay, except their regular 
compensation as agents of said corporation. They shall re- 



G. L. (Ter. 
Ed.), 147, §10, 
amended. 



Agents of 

certain 

corporations 

appointed 

special police 

oflScers. 



Acts, 1934. — Chaps. 24, 25. 



21 



ceive no fees for services or return of any criminal process 
and shall have throughout the commonwealth the powers of 
constables and police officers to arrest and detain any person 
violating any law for the prevention of cruelty to animals. 

Approved February 13, 1934- 



24 



G. L. (Ter. 
Ed.). 215, §62, 
etc., amended. 



An Act further regulating the statutory court ses- Chap. 

SIGNS OF the probate COURT FOR HAMPDEN COUNTY. 

Be it enacted, etc., as follows: 

Section sixty-two of chapter two hundred and fifteen of the 
General Laws, as most recently amended by chapter two 
hundred and seventy-four of the acts of nineteen hundred 
and thirty-three, is hereby further amended by striking out 
the paragraph contained in the twenty-ninth to the thirty- 
third lines, inclusive, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following: — 

Hampden, at Springfield, each Tuesday of every month 
except the first, second, fourth and fifth Tuesdays of August 
and each Friday of every month except August. 

Approved February 13, 1934. 



Sessions of 
probate court 
in Hampden 
county. 



An Act relative to the date as of which the decennial Chap. 25 

SPECIAL ENUMERATION OF LEGAL VOTERS AND STATE 
CENSUS SHALL BE TAKEN. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter nine of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition thereof, is .fn|g^,;/g;/ ^' 
hereby amended by striking out, in the sixth line, the words 
"March thirty-first" and inserting in place thereof the 
words: — January first, — so as to read as follows: — Section necenniai 
6. In nineteen hundred and twenty-five and every tenth of'nlfmberof 
year thereafter, the registrars of voters, election commis- registered 
sioners or other officials having charge of the registers of ^ " ^^^' 
voters in each city and town shall certify under oath to the 
secretary on or before June thirtieth the number of registered 
voters in their respective cities and towns on the preceding 
January first, specifying in the case of cities the number of 
registered voters in each ward. The secretary may in his 
discretion verify any such information in such manner as he 
deems advisable, and for this purpose may inspect the 
records of said officials and call upon them for such further 
information as he desires. From the returns so made, with 
such amendments as the secretary finds necessary to correct 
any errors or omissions therein, he shall compile the special 
enumeration of legal voters required by Articles XXI and 
XXII of the amendments to the constitution, and shall 
submit the result thereof to the general court by filing the 
same with the clerk of the house of representatives as soon 
as possible thereafter. 

Section 2. Section seven of said chapter nine is hereby g- l- (^Ter^ 

amended. 



22 Acts, 1934. — Chap. 26. 

amended by striking out, in the fourth Hne, the words 
"March thirty-first" and inserting in place thereof the 
Decennial wordsi — January first, — so as to read as follows: — Section 

ve"irati n- 7 . lu nineteen hundred and twenty-five and every tenth 
compilation.' year thereafter, the mayor of every city and the selectmen 
of every town shall cause a census to be made of the in- 
habitants of their respective cities and towns residing therein 
on January first, on forms provided by the secretary, and in 
accordance with his instructions, and shall return the same 
under oath to the office of the secretary on or before June 
thirtieth following, together with a sworn statement of the 
total of such census. In making such census the services 
and facilities of the assessors and police of a city or town 
shall be available to the mayor of such city or the selectmen 
of such town. The secretary may in his discretion verify any 
such census in such manner as he deems advisable, and for 
this purpose may inspect the records of any city or town and 
call upon the mayor or selectmen for such further informa- 
tion as he desires. From the returns so made, with such 
amendments as the secretary may find necessary to correct 
any errors or omissions therein, he shall compile the census 
of inhabitants of each city and town required by Articles 
XXI and XXII of the amendments to the constitution, and 
may publish the results thereof in such form as he may 
determine. 

A'p'proved Fehruary 13, 1934' 



Chap. 26 An Act authorizing the town of danvers to establish a 

BOARD OF PUBLIC WORKS EXERCISING THE POWERS OF CER- 
TAIN OTHER BOARDS, DEPARTMENTS AND TOWN OFFICERS. 

Be it enacted, etc., os follows: 

Section 1. There shall be established in the town of 
Danvers a board of public works, hereinafter called the board, 
to consist of five members. The initial members thereof 
shall be elected one to serve for one year, two for two years, 
and two for three years, from the date of the annual meeting 
at which they are elected, and thereafter when the term of 
any member expires, his successor shall be elected to serve 
for three years. In all cases the members shall serve until 
their successors are elected and qualified. The members of 
the board shall, after each election, elect one of their members 
to act as chairman for the ensuing year. If a vacancy occurs 
therein, the remaining members, if they constitute a quorum, 
may fill such vacancy until the next annual town meeting, 
when a new member shall be elected to fill the unexpired 
term. No person shall serve on the board who holds another 
elective or appointive office in the town. 

Section 2. Upon the election and qualification of the 
members of the board, the board shall have all the powers 
and duties now or from time to time vested by general law 
or special act in the following boards, departments, and 



Acts, 1934. — Chap. 26. 23 

officers in said town, to wit : — board of survey, road com- 
missioners, surveyors of highways, water commissioners, 
sewer commissioners or sewer committee, park commis- 
sioners, tree warden, moth department, forestry department 
and highway or street department, and such boards, depart- 
ments, and offices shall thereupon be abolished. No con- 
tracts or liabilities then in force shall be affected by such 
abolition, but the board of public works shall in all respects 
be the lawful successor of the boards, departments, officers 
and committee so abolished. Separate books for the water 
department shall be kept at all times so that the cost to the 
commonwealth for supplying water to the state hospital in 
said town may be computed in accordance with chapter three 
hundred and ninety-four of the acts of nineteen hundred and 
twenty. 

Section 3. The board shall appoint and fix the compen- 
sation of a superintendent of public works, who shall exercise 
and perform, under the supervision and direction of the 
board, such of the powers, rights and duties transferred to 
it under section two as it may from time to time designate. 
He shall be responsible for the efficient exercise and per- 
formance of such powers, rights and duties and shall hold 
office subject to the will of the board. He shall be specially 
fitted by education, training and experience to perform the 
duties of said office, and may or may not be a resident of the 
town. During his tenure he shall hold no elective or other 
appointive office, nor shall he be engaged in any other busi- 
ness or occupation. He shall give to the town a bond with a 
surety company authorized to transact business in the com- 
monwealth as surety, for the faithful performance of his 
duties, in such sum and upon such conditions as the board 
may require, and shall, subject to the approval of the board, 
appoint such assistants, agents and employees as the exercise 
and performance of his powers, rights and duties may require. 
He shall keep full and complete records of the doings of his 
office and render to the board as often as it may require a 
full report of all operations under his control during the 
period reported upon; and annually, and from time to time 
as required by the board, he shall make a synopsis of such 
reports for publication. He shall keep the board fully advised 
as to the needs of the town within the scope of his duties and 
shall furnish to the board on or before December tenth in 
each year, a carefully prepared and detailed estimate in 
writing of the appropriations required during the next suc- 
ceeding fiscal year for the proper exercise and performance 
of all said powers, rights and duties. 

Section 4. The town may rescind all action taken by it 
in pursuance of this act if the town so votes by a majority 
vote of the legal voters present and voting thereon by ballot 
in their respective precincts at any meeting held after three 
years following the annual election at which this act becomes 
fully effective and at least thirty days before the annual 
town election next to be held after such meeting, and there- 



24 Acts, 1934. — Chaps. 27, 28. 

upon said town shall, at the next annual meeting, nominate 
and elect such officers as are necessary to carry out the duties 
transferred to the board under section two. 

Section 5. This act shall be submitted for acceptance 
to the legal voters of said town, present and voting thereon 
by ballot in their respective precincts at the annual town 
election in the year nineteen hundred and thirty-four, in the 
form of the following question which shall be placed on the 
official ballot to be used for the election of town officers at 
said election: — ''Shall an act passed by the general court 
in the year nineteen hundred and thirty-four entitled 'An 
Act authorizing the Town of Danvers to establish a Board of 
Public Works exercising the Powers of Certain Other Boards, 
Departments, and Town Officers', be accepted?" If a 
majority of the votes cast in answer to such question are in 
the affirmative, this act shall become fully effective begin- 
ning with, and for the purposes of, the annual town election 
in the year nineteen hundred and thirty-five; but if the 
result of such vote is otherwise this act shall be void. 

Approved February 13, 1934. 

Cfiap. 27 An Act authorizing the city of w^orcester to use a part 

OF ELM PARK IN SAID CITY FOR STREET PURPOSES. 

Be it enacted, etc, as follows. • 

Section 1. For the purpose of widening Pleasant street 
in the city of Worcester, the said city is hereby authorized 
to use a parcel of land adjacent to Pleasant street, not ex- 
ceeding twenty-five feet in width, now included in Elm Park. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter. 

Approved February 13, 1934- 

Chap. 28 An Act subjecting the office of inspector of wires of 

THE CITY OF QUINCY TO THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of inspector of wires of the city of 
Quincy shall, upon the date of acceptance of this act, become 
subject to the civil service laws and rules and regulations, 
and the term of office of any incumbent thereof shall be un- 
hmited, except that he may be removed in accordance with 
such laws and rules and regulations, but the person holding 
said office on said date may continue therein without taking 
a civil service examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Quincy at the biennial 
state election to be held in the current year, in the form of the 
following question, which shall be printed on the official 
ballot to be used in said city at said election: — "Shall an 
act passed by the general court in the year nineteen hundred 



Acts, 1934. — Chap. 29. 25 

and thirty-four, entitled 'An Act subjecting the Office of 
Inspector of Wires of the City of Quincy to the Civil Service 
Laws', be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question, 
section one of this act shall thereupon take effect, but not 
otherwise. 

Approved February 13, 1934- 



An Act relative to the payment of the cost of con- Chap. 29 

STRUCTION OF PARTICULAR SEWERS AND CONNECTING 
DRAINS IN THE TOWN OF NEEDHAM. 

Be it enacted, etc., as follows: 

Section 1. The town of Needham, through its board of 
selectmen, acting as the board of public works of said town, 
as provided in chapter one hundred and eighty-nine of the 
acts of nineteen hundred and thirty-two, may, upon the ap- 
plication of the owner of any estate abutting on any way 
where a main drain or common sewer is constructed, lay in 
such sewered way and in the private land of such owner such 
particular sewer or connecting drain as may be necessary to 
connect any building on such estate with such main drain 
or sewer, and said board may make all necessary contracts 
in the name and behalf of the town for such purpose. The 
expenses thereof shall be paid out of any appropriation that 
may be made by the town therefor. 

Section 2. The cost of constructing each particular 
sewer or connecting drain shall be assessed by the board upon 
the estate benefited thereby. Such assessment shall be made 
by filing with the collector of taxes of the town a certificate, 
designating the way and the private land in which such 
particular sewer or connecting drain has been constructed, 
and giving the name or names of the owners of the estate for 
which such connection has been made and the amount of the 
assessment to be paid by such owner or owners. A copy or 
duplicate of this certificate shall, ■ within ten days after the 
filing of the same with the collector of taxes, be recorded in 
the registry of deeds for the county of Norfolk or, in the case 
of registered land, filed in the office of the assistant recorder 
for Norfolk county registry district. The collector of taxes 
shall, upon receipt of such certificate, make a demand in 
writing for the payment of such assessment or charge, and 
every owner shall, within three months after such demand is 
served upon him or on the occupant of such estate, or sent 
by mail to the last address of the owner known to the col- 
lector of taxes, pay to the town collector of taxes the sum so 
assessed or charged. 

Section 3. Except as herein provided, the provisions of 
general law relative to the assessment, apportionment, 
division, re-assessment, abatement and collection of sewer 
assessments, to liens therefor and to interest thereon shall 
apply to assessments made under this act. In applying said 



26 



Acts, 1934. — Chaps. 30, 31. 



provisions to assessments made under this act, the notice 
referred to therein shall be deemed to be the demand of the 
tax collector required by section two hereof. The lien for 
any assessment made under this act shall attach upon the 
recording or filing for registration of the copy or duplicate 
of the certificate of assessment. In the apportionment of 
assessments made under this act, no instalment shall be 
less than ten dollars. 

Section 4. This act shall take effect upon its acceptance 
by the town of Needham acting through its representative 
town meeting. 

Approved February 13, 1934- 



Chap. 30 An Act relative to the contents of notices or war- 
rants FOR ALL elections IN CITIES HAVING STANDARD 
FORM CHARTERS, SO-CALLED, AND TO POLLING HOURS AT 
SUCH ELECTIONS. 

Be it enacted, etc., as follows: 

Section forty-four A of chapter forty-three of the General 
Laws, as amended by section eight of chapter three hundred 
and thirteen of the acts of nineteen hundred and thirty-three, 
is hereby further amended by striking out the last two 
sentences and also by adding at the end thereof the follow- 
ing new paragraph : — 

Notices or warrants for regular, preliminary and special 
elections shall specify by name all the offices to be voted for 
and state, in the form in which it will appear upon the ballot, 
any question submitted to the voters. They shall specify 
the time when the polls will be opened and when the polls 
will be closed. The polls at such elections shall be open 
during such hours as the city council may prescribe; pro- 
vided, that they shall be opened not earlier than fifteen 
minutes before six o'clock in the forenoon nor later than ten 
o'clock in the forenoon and shall be kept open at least six 
hours, but in no event later than eight o'clock in the evening. 
The ballots to be used at such elections shall be governed by 
the provisions of section forty-nine. 

Approved February 13, 1934. 



G. L. (Ter. 
Ed.), 43, 
§ 44A, etc., 
amended. 



Warrants, etc., 
for certain 
city elections, 
contents of. 



Chap. 31 An Act amending the charter of the Massachusetts 

CONGREGATIONAL CONFERENCE AND MISSIONARY SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. Section three of an act passed February 
ninth, eighteen hundred and eight, and entitled "An act to 
incorporate a society by the name of The Massachusetts 
Missionary Society", as most recently amended by section 
one of chapter one hundred and fifty-two of the acts of 
nineteen hundred and twenty-eight, is hereby further 
amended by striking out, in the fourteenth line, the word 
"Congregational", — so as to read as follows: — Section 3. 



Acts, 1934. — Chap. 32. 



27 



Be it further enacted: That the said corporation may choose 
by ballot at their annual meetings a president, secretary, 
treasurer, and such number of trustees as they may think 
proper, and such other officers as they shall judge necessary. 
Persons chosen as trustees, other than those persons, if any, 
whom the said corporation may by their by-laws designate 
as trustees ex officio, shall hold office for such time, not ex- 
ceeding five years, as the corporation by their by-laws may 
from time to time provide and all other officers shall hold 
office for one year. The said corporation may by their by- 
laws provide that their meetings shall be presided over by a 
moderator, to be chosen in such manner as they may from 
time to time determine, and may further provide by their 
by-laws that the ministers of churches in the commonwealth 
and delegates appointed by such churches and other 
religious organizations may be members of the said corpora- 
tion for the time being upon such conditions and subject 
to such regulations as the said corporation may establish. 
All of the officers of the said corporation, when chosen, may 
hold their offices until others are chosen in their stead. Any 
vacancy in such offices shall be filled in such manner as the 
corporation may by their by-laws determine. 

Section 2. This act shall take effect upon its acceptance 
by the said corporation at an annual meeting or at a special 
meeting duly called for the purpose; provided, that such 
acceptance occurs not later than December thirty-first in 
the current year. Approved February 13, 1934. 



An Act making certain corrections in the laws relative Chap. 32 

TO PRIMARIES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter fifty-three of the 
General Laws, as amended by section four of chapter three 
hundred and ten of the acts of nineteen hundred and thirty- 
two, is hereby amended by striking out the last sentence 
and inserting in place thereof the following : — No candidate 
shall be nominated, or political committee or convention 
delegate elected, in any other manner than is provided in 
this chapter. 

Section 2. Section twenty-eight of said chapter fifty- 
three, as most recently amended by section five of chapter 
three hundred and thirteen of the acts of nineteen hundred 
and thirty-three, is hereby further amended by inserting 
after the word "April" in the eighth line the words: — 
preceding biennial state elections, — so as to read as follows : 
— Section 28. State primaries shall be held on the seventh 
Tuesday preceding biennial state elections, city primaries 
on the third Tuesday preceding regular city elections, town 
primaries on the second Tuesday preceding town elections, 
primaries before all special elections on the second Tuesday 
preceding such elections, and party primaries on the last 



G. L. (Ter. 
Ed.), 53, § 2, 
etc., amended. 



Nomination 
of candidates 
regulated. 



G. L. (Ter. 
Ed.), 53, § 28, 
etc., amended. 



Primaries, 
days and 
places of 
holding. 



28 



Acts, 1934. — Chaps. 33, 34. 



Tuesday in April preceding biennial state elections; except 
that city primaries or preliminary elections held under 
general or special law before regular city elections in cities 
which accept section one hundred and three A of chapter 
fifty-four shall be held on the fourth Tuesday preceding such 
city elections. 

Except in Boston, primaries shall be held wholly or partly 
by wards, precincts or towns, as the aldermen or selectmen 
may designate. 

Approved February 13, 1934- 



Chap. 33 An Act providing for suspension of the operation of 

CERTAIN fishing LAWS WITH RESPECT TO THE WATERS OF 
PUBLIC FISHING GROUNDS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section twenty-five of chapter one hundred and thirty-one 
of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by adding at the end 
thereof the following new paragraph : — 

If the director is of the opinion that the presence in waters 
acquired hereunder for public fishing grounds of any species 
of fish having destructive proclivities toward trout consti- 
tutes a hindrance or detriment to the promotion and develop- 
ment of trout fishing therein, he may, by order, suspend, 
with respect to such waters, the operation of any or all pro- 
visions of law establishing close seasons on such species and 
regulating the number and length of fish of such species that 
may be lawfully taken or had in possession. Any such sus- 
pension shall become effective upon the filing of the order of 
suspension in the office of the director, but no such suspension 
shall be terminated until after notice of such termination has 
been conspicuously posted on the shores of such waters and 
filed with the town clerk of each town bordering thereon. 

Approved February 13, 1934- 



G. L. (Ter. 
Ed.), 131, §25, 
amended. 



Public fishing 
grounds, 
suspension of 
laws rela- 
tive to. 



Chap. 34 An Act relative to the legal effect of certain methods 

OF SERVING notice OF CANCELLATION OF CERTAIN POLICIES 
OF INSURANCE BY INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section one hundred and eighty-seven C of chapter one 
hundred and seventy-five of the General Laws is hereby 
amended by inserting after the word "prepaid" in the tenth 
line the words: — , and a notice left or forwarded, as afore- 
said, shall be deemed a sufficient notice, — so that the first 
Cancellation paragraph thereof shall read as follows : — - A company 
nlbiiit'/poii-*^''^ issuing any policy of insurance which is subject to cancella- 
cies, legal effect tiou by the Company shall effect cancellation by serving the 
notice thereof provided by the policy and by paying or 
tendering, except as provided in this and the following sec- 
tion, the full return premium due thereunder in accordance 



G. L. (Ter. 
Ed.), 175, 
§ 187C, 
amended. 



Acts, 1934. — Chaps. 35, 36. 29 

with its terms without any deductions. Such notice and 
return premium, if any, shall be delivered in hand to the 
insured, or be left at his last address as shown by the com- 
pany's recprds or, if its records contain no such address, at 
his last business, residence or other address known to the 
company, or be forwarded to said address by registered mail, 
postage prepaid, and a notice left or forwarded, as aforesaid, 
shall be deemed a sufficient notice. A check of the company 
or its duly authorized agent shall be deemed a sufficient 
tender. The affidavit of any officer, agent or employee of the 
company, duly authorized for that purpose, that such notice 
has been served and such return premium, if any, has been 
paid or tendered, as provided in this section, shall be prima 
facie evidence that cancellation has been duly effected. 

Approved February 13, 1934- 

An Act relative to the system of sewerage and sewage (Jhap. 35 

DISPOSAL OF the TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Chapter four hundred and fifty-nine of the acts of eighteen 
hundred and ninety-four is hereby amended by striking out 
section one and inserting in place thereof the following: — 
Section 1 . The town of Natick, acting by such board or other 
agency as it may determine, may lay out, construct and 
maintain a system of sewerage and sewage disposal for said 
town, and, so acting, may take, by purchase or otherwise, 
any lands, water rights, rights of way or easements in the 
town deemed by said board or agency necessary for the es- 
tablishment of such system of sewerage and sewage disposal 
and for connections therewith, except such as may be owned 
or used by any other municipality for any municipal purpose. 
The town, acting as aforesaid, may take, by purchase or 
otherwise, such easements or rights of way within the limits 
of the town of Framingham as are necessary for constructing 
in connection with such system an effluent pipe line, sub- 
stantially as appearing on the plan of F. A. Barbour, en- 
gineer, dated July, 1933, entitled "Plan showing location of 
existing and proposed sewage treatment plants and down- 
stream topography of Sudbury river valley" and filed in the 
office of the town clerk of the town of Natick. 

Approved February 13, 193 If. 



An Act increasing the membership of the school com- Chap. 36 

MITTEE OF THE TOWN OF MANSFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter five hundred and eighty-six of the 
acts of nineteen hundred and twenty is hereby amended by 
striking out section eight and inserting in place thereof the 
following : — Section 8. Commencing with the annual town 
election in the year nineteen hundred and thirty-five, the 



30 



Acts, 1934. — Chap. 37. 



school committee shall consist of five members. At said 
annual town election there shall be elected two members of 
said committee to serve for terms of three years each and one 
to serve for the term of one year, and at each annual election 
thereafter the town shall elect a successor of each member of 
said committee whose term is then expiring, to serve for the 
term of three years; and, in every case, until the qualifica- 
tion of his successor. 

A vacancy in the school committee shall be filled in the 
manner provided in sections ten and eleven of chapter forty- 
one of the General Laws, for filling vacancies in a board 
consisting of two or more members. 

Section 2. Nothing in this act shall be deemed to affect 
the tenure or the powers and duties of the members of the 
school committee of the town of Mansfield elected prior to 
its annual town election in the year nineteen hundred and 
thirty-five, and said members shall continue to serve as such 
until the qualification of their respective successors as herein- 
before provided. 

Approved February 13, 1934. 



Chat). 37 ^^ -^^^ DISPENSING WITH CERTAIN RETURNS AS TO LIQUOR 
LICENSES IN THE ANNUAL REPORT OF THE STATE SECRETARY. 



G. L. (Ter. 
Ed.), 9, § 17, 
amended. 



Annual 
report of 
state secretary, 
contents of. 



Be it enacted, etc., as follows: 

Section seventeen of chapter nine of the General Laws, as 
appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out all after the word "year" in the 
seventh line down to and including the word "same" in the 
eleventh line, — so as to read as follows : — Section 1 7. He 
shall, in addition to the special reports required by law, make 
an annual report showing the transactions of his department 
for the preceding fiscal year. He shall include therein a report 
showing the aggregate vote, both affirmative and negative, 
on every act or part of an act which shall have been referred 
by the general court for acceptance or rejection to the voters 
of any political subdivision of the commonwealth or to the 
city council of any city during the year; the returns by the 
sheriffs of the several counties of money received by them 
and the number of days they have attended upon a court of 
record and upon the county commissioners, and the abstracts 
and tabular statements of facts and statistics relative to the 
trial of cases in the superior court for the several counties pre- 
pared from the returns furnished to him as required by section 
twenty-four of chapter two hundred and twenty-one. He 
shall also include in such report a record of the work of his 
department in respect to public records under chapter sixty- 
six, with recommendations and suggestions relative thereto. 

Approved February 13, 1934- 



Acts, 1934. — Chaps. 38, 39. 31 



An Act establishing the financial year of the city of Chap. 38 

WALTHAM. 

Be it enacted, etc., as follows: 

Section 1. The financial year of the city of Waltham in 
nineteen hundred and thirty-four shall begin February first 
and end December thirty-first. In nineteen hundred and 
thirty-five and in each year thereafter, the financial year of 
said city shall begin January first and end December thirty- 
first. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, with the approval of the 
mayor, not later than May first of the current year. 

Approved February 13, 1934- 



An Act making certain provisions of the election (JJiqi) 39 

LAWS conform to RECENT CHANGES IN THE LIQUOR LAWS. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter thirty-nine of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition ^pea'ied.' ^ ^^' 
thereof, is hereby repealed. 

Section 2. Section twenty of said chapter thirty-nine, g. l. (Ter. 
as so appearing, is hereby amended by striking out all after ^meiicfed ^ ^°' 
the word "thereat " in the third line down to and including the 
word "thirty-eight" in the fifth line, and by striking out all 
after the word "officers" in the twelfth line down to and 
including the word "eight" in the fifteenth line, — so as to 
read as follows: — Section 20. Towns divided into voting Precinct voting 
precincts may, for their annual town election, establish 
precinct voting for all town officers to be chosen thereat, by 
accepting this section at a meeting held fourteen days at 
least before the annual town meeting. The acceptance of 
this section or corresponding provisions of earlier laws may 
be revoked by the town at a meeting held thirty days at 
least before the annual town meeting; and if so revoked this 
section shall cease to be in force therein. In towns in which 
this section or corresponding provisions of earlier laws are in 
force, all matters to be considered at the annual town meet- 
ing, other than the election of town officers, shall be in order 
only at a town meeting held within thirty days after the 
date of the annual election, and not later than April thirtieth. 
The time and place of holding such subsequent meeting shall 
be stated in the warrant for the annual election, and said 
election, subsequent meeting and its adjournments shall be 
regarded as parts of the annual town meeting. The election 
of a moderator, except in towns where moderators are elected 
for the term of one year, shall be the first business in order 
at said subsequent meeting. Towns by vote or by-law may 
authorize voting by precincts at special elections of town 
officers. 



m towns. 



32 



Acts, 1934. — Chap. 39. 



G. L. (Ter. 
Ed.). 39, § 21!, 
amended. 



Election of 
town officers. 



G. L. (Ter. 
Ed.), 41, § 5, 
amended. 



Voting lists, 
use of. 



G. L. (Ter. 
Ed.), 54, § 64, 
amended. 



Town 

elections, 
time of 
keeping polls 
open. 



6. L. (Ter. 
Ed.), 54, 
§ 104, 
amended. 



State secretary 
to furnish 
blank forms, 
etc., for use 
at elections. 



Section 3. Section twenty-three of said chapter thirty- 
nine, as so appearing, is hereby amended by striking out all 
after the word "officers" in the third line down to and in- 
cluding the word "thirty-eight," in the fifth line, — so as to 
read as follows: — Section 23. A town which accepts this 
section or has accepted corresponding provisions of earlier 
laws may provide that the election of town officers shall take 
place at any time within seven days before or after the an- 
nual meeting held for the transaction of other business. The 
time and place of holding such election and vote shall be 
stated in the warrant for the annual town meeting and such 
election and vote shall be deemed parts of the annual town 
meeting. 

Section 4. Section five of chapter forty-one of the 
General Laws, as so appearing, is hereby amended by strik- 
ing out all after the word "ballot" in the third line down to 
and including the word "eight" in the sixth line, — so as to 
read as follows : — Section 5. The voting list shall be used 
and the name of every person voting shall be checked thereon, 
in the election of all town officers whose election is by law 
required to be by ballot; but in the election of other town 
officers, the meeting shall determine whether the voting list 
shall be used. 

Section 5. Section sixty-four of chapter fifty-four of the 
General Laws, as so appearing, is hereby amended by strik- 
ing out all after the word "direct" in the seventeenth line 
down to and including the word "eight" in the twenty-first 
line, — so that the last paragraph will read as follows: — 

In towns, at the election of state and town officers, the 
polls may be opened as early as fifteen minutes before six 
o'clock in the forenoon, and shall be opened as early as 
twelve o'clock, noon, and shall be kept open at least four 
hours, and until the time specified in the warrant when they 
may or will be closed; and in towns not voting by precincts 
they may be kept open for such longer time as the meeting 
shall direct. After an announcement has been made by the 
presiding officer of a time so fixed for closing the polls they 
shall not be closed at an earlier hour. 

Section 6. Section one hundred and four of said chapter 
fifty-four, as so appearing, is hereby amended by striking out 
all after the word "petition" in the seventh line down to and 
including the word "thirty-eight" in the ninth line, — so as 
to read as follows: — Section 104- The blank forms and ap- 
paratus provided by the state secretary shall be used in as- 
certaining the result of the election or vote in state elections 
in cities and towns, in city elections, in elections of town 
officers in towns where official ballots are used, and also in 
taking the vote upon any proposed amendment to the con- 
stitution, upon any law or proposed law submitted to the 
voters by referendum or initiative petition, and upon any 
other question submitted by statute to the voters of any 
senatorial or representative district, or of any city or town in 
which official ballots are used. If it is impossible to use such 



Acts, 1934. — Chaps. 40, 41. 



33 



blank forms or apparatus, the canvass of the votes shall be 
made as the presiding officer shall direct; and the clerk shall 
record the facts relating to the failure to use such blank forms 
or apparatus, and shall enclose an attested copy of such record 
in the envelope with the ballots cast. 

Approved February 15, 1934- 



An Act relative to the taking or possession of great Chap. 40 

NORTHERN PIKE OR MUSCALLONGE. 

Be it enacted, etc., as follows: 

Section sixty-six of chapter one hundred and thirty-one g. l. (Ter. 
of the General Laws is hereby amended by striking out, in f ee.'a^mended. 
the fifth hne, the word "twenty" and inserting in place 
thereof the word : — fifteen, — so as to read as follows : — 
Section 66. No person shall, between February first and May ciose season 
first following, take from the waters of the commonwealth, 
or have in possession, a great northern pike or muscallonge; 
nor shall any person at any time take or have in possession 
a great northern pike or muscallonge less than fifteen inches 
in length so taken unless taken by a person lawfully fishing 
and immediately returned alive to the water whence it was 
taken. 

Approved February 16, 1934. 



on great 
northern 
pike, etc. 



An Act relative to the securing by the commonwealth Chap. 

OF CERTAIN BENEFITS PROVIDED BY THE NATIONAL INDUS- 
TRIAL RECOVERY ACT. 



41 



Whereas, The deferred operation of this act would tend to 
defeat its purpose to alleviate promptly conditions of wide- 
spread unemployment, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the pubHc convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and sixty-five of the 
acts of nineteen hundred and thirty-three is hereby amended 
by striking out section two and inserting in place thereof the 
following : — Section 2. The commonwealth may engage in 
any public works project included in any "comprehensive 
program of public works" prepared under section two hun- 
dred and two of Title II of the National Industrial Recovery 
Act, but only in case such project is approved, as hereinafter 
provided, by the commission and by the governor and in 
case the proper federal authorities have approved a grant 
therefor of federal money under section two hundred and 
three of said Title II; provided, that such approval by the 
commission or by the governor shall not be granted for any 
project which will cause the aggregate expenditures here- 
under, exclusive of expenditures for repurchase of obligations 
under section two A, to be in excess of twenty-two million 



Emergency 
preamble. 



1933, 365, 
§ 2, amended. 



Commonwealth 
may engage in 
public works 
projects under 
National 
Industrial 
Recovery Act. 



34 Acts, 1934. — Chap. 41. 

dollars, and provided further that out of such sum not more 
than ten million dollars shall be expended for the construc- 
tion, reconstruction and resurfacing of roads and for projects 
similar to those enumerated in section two hundred and four 
of said Title II. All projects for the construction, reconstruc- 
tion or resurfacing of roads and the construction of sewers 
shall be done by human labor, except so far as machinery is, 
in the opinion of the state or federal officer or department 
having charge of the project, reasonably necessary, and the 
wages for such labor shall not be less than the prevailing 
rate of wages as established by the federal government. 
Nothing contained in this act shall be construed to prevent 
the commonwealth from engaging hereunder in any project 
for which funds have already been appropriated in whole or 
in part, if such project shall be approved as herein required. 
Such projects, so approved, shall be carried out in all re- 
spects subject to the provisions of said Title II and to such 
terms, conditions, rules and regulations, not inconsistent 
with the applicable federal laws and regulations, as the com- 
mission may establish, with the approval of the governor, to 
ensure the proper execution of such projects. The common- 
wealth may accept and use for carrying out any projects so 
approved any grant, or any grant and loan, of federal funds 
under section two hundred and three of said Title II, and, 
for the purpose only of carrying out such projects except as 
provided in section two A, may from time to time borrow 
from the United States of America or other sources, or both, 
on the credit of the commonwealth such sums, not exceeding 
in the aggregate seventeen million dollars, exclusive of 
amounts borrowed for repurchase of obligations under sec- 
tion two A, as may be required, and may issue bonds, notes 
or other forms of written acknowledgment of debt, referred 
to in this act as obligations. 

In anticipation of the sale of obligations issued under this 
section, the state treasurer may from time to time, with the 
approval of the governor, pay from the Highway Fund, with- 
out appropriation, any of the expenses of carrying out any 
projects authorized by this act; but all money so paid from 
said fund shall be repaid to such fund out of the proceeds of 
obligations issued and sold under this section or under section 
two A. 
1933, 365, Section 2. Said chapter three hundred and sixty-five is 

"l^an'ir'^B'^ hereby further amended by inserting after section two the two 
added. " followiug ncw sectious : — Section 2 A. The state treasurer is 

Repuichase hereby authorized, with the approval of the governor, to 
authorized. repurchasc at any time or from time to time any or all ob- 
ligations issued under section two and sold to the United 
States of America. The purchase price shall not exceed the 
principal amount of the obligations so repurchased, and 
accrued interest thereon. All obligations so repurchased shall 
forthwith be cancelled and shall not be reissued; but, in lieu of 
the obligations so repurchased, the state treasurer, with the 
approval of the governor, may from time to time issue and 



Acts, 1934. — Chap. 41. 35 

sell to any purchaser or purchasers obligations of the com- 
monwealth of an aggregate principal amount not exceeding 
the aggregate principal amount of the obligations so repur- 
chased. The obligations authorized by this section shall be 
in addition to the obligations authorized by section two. 

The state treasurer may in his discretion use for the repur- 
chase from the United States of America of obligations issued 
under section two any unexpended proceeds of the obliga- 
tions so repurchased, or the proceeds of any other obligations 
issued under this act, or both. The state treasurer may also, 
with the approval of the governor, use for such repurchase 
money from the Highway Fund, without appropriation. The 
state treasurer shall, however, pay out of the Highway Fund, 
without appropriation, all accrued interest on obligations so 
repurchased, except so far as money received as accrued in- 
terest on the sale of the obligations repurchased is actually 
available for the payment of accrued interest on the obliga- 
tions repurchased. All money drawn from the Highway Fund 
for such repurchases, except for payment of accrued interest, 
shall be repaid to such fund out of the proceeds of obliga- 
tions issued under this act. 

Section 2B. The obligations authorized by this act may serial issues 
be issued in one or more series. Each series shall carry such ^luthorized. 
rates of interest as the state treasurer may fix with the ap- 
proval of the governor and, in respect of obligations to be 
issued to the United States of America, with the approval of 
the proper federal authorities. Each series shall be payable 
serially in such amounts and at such times as the state 
treasurer may determine with the approval of the governor, 
and, in respect of obligations to be issued to the United 
States of America, with the approval of the proper federal 
authorities; provided, that the principal payments of each 
series of obligations issued otherwise than to the United 
States of America shall be made annually in amounts as 
nearly equal as may be. 

The obligation last payable of any series issued to the 
United States of America under section two shall be payable 
within a maximum period of thirty years, but any series of 
such obligations may be made payable within any shorter 
period, with the approval of the proper federal authorities. 

The obligation last payable of any series issued under 
section two, otherwise than to the United States of America, 
for the purpose of carrying out any highway or bridge pro- 
ject, or both, shall become due not later than five years from 
the date of the obligations of such series, or, if issued for any 
other purpose, shall become due not later than ten years 
from the date of the obligations of such series. 

The obligation last payable of any series, issued under 
section two A, in lieu of obligations issued to the United 
States of America for the purpose of carrying out any high- 
way or bridge project, or both, and repurchased, shall be- 
come due not later than five years from the date of obliga- 
tions of such series; or, if issued in Heu of obligations issued 



36 



Acts, 1934. — Chap. 42. 



Effect of 
act. 



Act not to 
impair certain 
contracts. 



to the United States of America for any other purpose or 
purposes and repurchased, shall become due not later than 
ten years from the date of the obligations of such series. 

All obligations issued under this act shall be signed by the 
state treasurer and approved by the governor. Facsimiles of 
the signature of the governor imprinted thereon shall have 
the same effect as his written signature. Coupons for interest 
on such obligations shall bear the facsimile signature of the 
state treasurer. 

All obligations issued under this act shall be payable, as to 
both principal and interest, in such funds as are, on the re- 
spective dates of payment of such principal and interest, 
legal tender for the payment of debts due the United States 
of America. 

Until other provision is made by the general court all in- 
terest payments and all payments on account of principal on 
obligations issued under this act shall be paid from the High- 
way Fund, without appropriation. 

Section 3. The maximum amount of expenditures for 
any project engaged in under the provisions of said chapter 
three hundred and sixty-five, as originally enacted or as 
amended hereby, shall not be limited by the provisions of any 
other act. 

Section 4. Nothing herein contained shall affect, modify 
or impair in any way any contract or contracts heretofore 
entered into between the commonwealth and the United 
States of America under chapter three hundred and sixty- 
five of the acts of nineteen hundred and thirty-three, or any 
bonds, notes or other forms of written acknowledgment of 
debt which have been or may hereafter be issued to the 
United States of America pursuant to any such contract or 
contracts. Approved February 16, 1934- 



ChaV 42 ^'^ ^^"^ RELATIVE TO IMPROVEMENT OF BROOKS, STREAMS AND 
WATER COURSES IN THE TOWN OF WAYLAND. 

Be it enacted, etc., as follows: 

Section 1. The town of Wayland, for drainage purposes 
and for the purpose of protecting the public health, or either 
of said purposes, may, by its selectmen, from time to time 
improve brooks, streams and water courses, or any part 
thereof, within the limits of the town, by widening the same, 
removing obstructions in or over them, diverting the water, 
altering the courses or deepening the channels thereof, and 
may conduct any surface or ground water into the same, and 
may cover or pave any such channel or water course, or any 
part thereof, and may build retaining walls to support the 
banks of any such stream or water course, or any part thereof, 
within said town. 

Section 2. For either or both of the purposes aforesaid, 
said town may take by eminent domain under chapter 



Acts, 1934. — Chap. 43. 37 

seventy-nine of the General Laws, or acquire by purchase or 
otherwise, lands, easements, rights of way, water rights and 
other property, on one or both sides of any such brook, 
stream or water course, or may in like manner take or other- 
wise acquire lands, easements, rights of way, water rights and 
other property to form new channels into which said water 
or any surface or ground water may be diverted, within the 
limits of said town, and may enter into and upon any land or 
way, and may do thereon work necessary for any such im- 
provement, and may construct upon any land taken or other- 
wise acquired under authority of this act such walks or ways 
as the town may determine that the public convenience and 
necessity require; and any person who is injured in his prop- 
erty by any act of said town under the provisions of this act 
may recover from said town damages therefor under said 
chapter seventy-nine. 

Section 3. If any limited and determinable area within 
said town receives benefit other than the general advantage 
to the community from any improvement made under 
authority of this act, under an order declaring the same to be 
done under the provisions of law authorizing the assessment 
of betterments, the selectmen shall, within two years after 
the completion of such improvement, determine the value of 
such benefit or advantage to the lands within such area, and 
assess upon each parcel thereof a proportionate share of the 
cost of such improvement, including therein all costs for the 
purchase and all damages for the taking of lands, easements, 
rights of way, water rights and other property in order to 
carry out such improvement, and all other sums expended 
under authority of this act, but not exceeding one half of 
such adjudged benefit or advantage. The provisions of 
chapter eighty of the General Laws shall apply to such assess- 
ments and the collection thereof, except as otherwise herein 
provided. 

Section 4. No person shall destroy or injure any drainage 
or sewerage work of said town, or without lawful authority 
pollute any natural water course in said town, or put or main- 
tain any obstruction therein. Whoever violates any pro- 
vision of this section shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more 
than three months, or both. 

Section 5. This act shall take effect upon its passage. 

Approved February 16, 1934- 



An Act providing for the establishment of a fund for QJiaj) 43 

THE insurance OF DEPOSITS IN CERTAIN SAVINGS BANKS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose as a temporary measure to promote finan- preamble, 
cial recovery, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 



38 



Acts, 1934. — Chap. 43. 



Insurance of 
deposits in 
savings 
banks. 



Deposit 

Insurance 

Fund. 



Payment of 
dividends. 



Be it enacted, etc., as follows: 

Section 1. The Mutual Savings Central Fund, Inc., 
established by chapter forty-four of the acts of nineteen 
hundred and thirty-two, hereinafter referred to as the 
corporation, shall in the manner herein provided establish a 
fund for the insurance of deposits in all savings banks es- 
tablished under the laws of the commonwealth, and certified 
by the commissioner of banks, hereinafter referred to as the 
commissioner, under rules and regulations adopted by the 
directors of the corporation and approved by the commis- 
sioner, to be in a sound and safe condition to transact and to 
continue to transact the business for which they are organized, 
hereinafter referred to as member banks. For such purpose 
the directors may, by assessments made from time to time 
upon the member banks in the same proportion for each, 
require each member bank to pay over in cash to the corpora- 
tion a total of not more than one per cent of the deposits of 
such member bank, exclusive of its club deposits, as shown 
by its last annual report to the commissioner, such assess- 
ments to be in addition to all other payments to the corpora- 
tion required under said chapter forty-four. An assessment 
under this section of one quarter of one per cent of such de- 
posits shall be made within ten days after the effective date 
of this act. Other assessments not exceeding such authorized 
total shall be made from time to time thereafter at the direc- 
tion of the commissioner. The provisions of section five of 
said chapter forty-four shall apply to the assessments au- 
thorized by this section. Such assessments shall be held as a 
fund, to be known as the Deposit Insurance Fund. Said fund 
shall be invested separately from the other funds of the 
corporation and shall not be liable for the obligations of the 
corporation other than those created by or under this act. 
Assets of the corporation not held in the Deposit Insurance 
Fund shall not be liable for any obligations created hereby 
or hereunder. The cost of administering the Deposit Insurance 
Fund as determined by the directors shall be paid therefrom. 

Section 2. All assessments paid into the Deposit Insur- 
ance Fund by a member bank under section one may be 
carried by it as an asset to the extent authorized by the 
commissioner. 

Section 3. The corporation may pay dividends to member 
banks upon the amounts paid in by them to the Deposit 
Insurance Fund or upon the unexpended portion thereof at 
such rate and at such times as the directors of the corporation 
may determine. Said fund may be invested by the corpora- 
tion only as provided in subsections a, b, c and e of section 
seven of said chapter forty-four. The corporation may by 
vote of its directors borrow money for the purposes of the 
Deposit Insurance Fund and pledge any assets in which such 
fund is invested as security for such loans. In case of the 
liquidation of any member bank under section fifty-five of 
chapter one hundred and sixty-eight of the General Laws, 



Acts, 1934. — Chap. 43. 



39 



the corporation shall return the unexpended portion, as 
determined by its directors, of all assessments paid by such 
bank into said fund; provided, that the directors are satisfied 
that such bank has paid or will be able to pay its depositors 
in full. In case of the merger or consolidation of two or more 
member banks under said section fifty-five, the unexpended 
portion as aforesaid of the assessments paid by such banks into 
said fund shall be readjusted on the basis of the assessment 
liability of the continuing bank and the excess, if any, shall 
be repaid to it. 

Section 4. Whenever it shall appear to the commissioner 
that any member bank is in an unsound or unsafe condition 
to transact the business for which it is organized, or that it is 
unsafe and inexpedient for it to continue to transact such 
business, he may so certify to the corporation, and upon 
receipt of such certificate the corporation shall, by notice in 
writing to the commissioner and to the bank, take possession 
and control forthwith of the property and business of such 
bank and shall operate such bank, subject to such rules and 
regulations as the commissioner may prescribe, until the bank 
shall resume business or until its affairs shall finally be liqui- 
dated. The corporation may, while thus carrying on such busi- 
ness, pay to such bank out of the Deposit Insurance Fund 
such sums as the corporation's directors deem necessary for 
the protection of the bank's depositors, and may order the 
same to be repaid when no longer required for that purpose, 
or may purchase assets from said bank to effect the purposes 
of this act on such terms and conditions and at such valua- 
tions as the directors, with the approval of the commissioner, 
may determine. 

Section 5. At any time after the corporation has taken 
over the control, possession and operation of any member 
bank as provided in section four, it may with the approval 
of the commissioner turn back the control, possession and 
operation thereof to such member bank which may resume 
business free from any control by the corporation acquired 
under section four, subject to such conditions as the com- 
missioner may approve. The corporation shall not thus turn 
back the control, possession and operation of any bank until 
there has been repaid into the Deposit Insurance Fund all 
sums paid out by the corporation from such fund to such 
bank or its depositors or until it has received security for 
such repayment satisfactory to the directors. 

Section 6. The corporation, with the approval of the 
commissioner, may, and at the request of the commissioner 
shall, at any time after it has taken over the control, pos- 
session and operation of any member bank under section four, 
discontinue the business of such bank and proceed to liqui- 
date its affairs. The corporation shall in such event pay to 
the depositors of such bank the full amount of their deposits 
at the date of the discontinuance of the business of the bank 
with interest from the last dividend date to the date of dis- 
continuance at such rate not exceeding three per cent per 



Tiiking 
possession of 
unsound 
banks, 
authorized. 



Control of 
banks in 
])ossession. 



Liquidation 
of banks. 



40 



Acts, 1934. — Chap. 43. 



Certain 
authority 
vested in 
corporation. 



Exemption 
from taxation 
of certain 
deposits. 



annum as the directors shall determine, such payments to 
be made within three years from such discontinuance and at 
such times and in such instalments as the directors with the 
approval of the commissioner shall determine. For such pur- 
pose the corporation shall use, in addition to the assets of the 
bank, such sums as may be required from the Deposit In- 
surance Fund. In case of liquidation the corporation shall 
be subject to such orders, rules and regulations as may be 
prescribed from time to time by the commissioner. The 
corporation shall collect all debts due and claims belonging 
to such bank and with the approval of the commissioner may 
sell or compound all bad or doubtful debts and with like 
approval may sell all or any part of the real or personal 
property of the bank on such terms as the commissioner 
may approve. To execute and perform the powers and duties 
conferred upon the corporation, it may in the name of any 
such bank prosecute and defend all suits and other legal 
proceedings and may in the name of the bank execute, ac- 
knowledge and deliver all deeds, assignments, leases and 
other instruments necessary and proper to effectuate any 
sale of real or personal property or any compromise approved 
by the commissioner and any deed or other instrument 
executed pursuant to the authority hereby given shall be 
valid and effectual for all purposes to the same extent as 
though executed by the officers of the bank by authority of 
its board of trustees. The compensation of employees, coun- 
sel, and other assistants, and all expenses incurred in con- 
nection with the liquidation of any such bank shall be fixed, 
subject to the approval of the commissioner, by the directors. 
The officers of the corporation and any other persons em- 
ployed by the directors to liquidate the affairs of any member 
bank under this section shall give bond to the directors for 
the faithful performance of their duties in relation to such 
liquidation in such amount and with such surety or sureties as 
the commissioner may approve. The persons appointed for 
the purpose of liquidating the affairs of any such bank shall 
be subject to all the penalties to which agents appointed by 
the commissioner for the purpose of liquidating the affairs of 
a bank are now or may hereafter be subject. All accounts 
for which no claimant can be found after four years following 
the discontinuance of the business of any such bank shall, if 
no other provisions to care for said claim have been made, 
be turned over to the state treasurer and be held by him 
subject to be reclaimed as provided in section forty-three of 
chapter one hundred and sixty-eight of the General Laws. 

Section 7. For the purpose of carrying out the provisions 
of this act the corporation may exercise all the powers, rights 
and franchises of any bank the control, possession and opera- 
tion of which has been taken over by it under this act. 

Section 8. So much of the deposits in member banks as 
are paid over to the corporation under the provisions of this 
act shall be exempt from taxation under section eleven of 
chapter sixty-three of the General Laws. 



Acts, 1934. — Chaps. 44, 45. 



41 



Section 9. The directors of the corporation may make 
such rules and regulations, subject to the approval of the 
commissioner, as they may deem necessary in order to carry 
out the provisions of this act, and for such purposes the 
commissioner may confer and advise with the directors and 
furnish them such information as they request. 

Section 10. Upon the enactment of any legislation by the 
general court authorizing savings banks to join in any federal 
plan of guaranty of deposits the corporation may, at special 
county or district meetings held in accordance with section 
two of said chapter forty-four and called for this special 
purpose, by four fifths vote of all member banks, dissolve 
and liquidate the Deposit Insurance Fund prior to the 
termination of the life of the corporation. It may also in the 
same manner and by a similar vote dissolve and liquidate 
such fund prior to such termination whenever it shall de- 
termine that the fund is no longer needed for the protection 
of deposits in savings banks. Upon any such dissolution and 
liquidation and upon the termination of the life of the 
corporation, the corporation shall proceed to distribute the 
proceeds of the fund, after the payment of all expenses and 
obligations of the fund, to the member banks in proportion 
to the assessments paid by them thereinto. 

Section 11. During such time as the Deposit Insurance 
Fund is insuring the deposits in any member bank under the 
provisions of this act, sections twenty-two to thirty-six, 
inclusive, of chapter one hundred and sixty-seven of the 
General Laws shall not, except as herein provided, apply to 
such member bank. Approved February 21, 1934- 



Rules and 
regulations. 



Li(iuidation 
of I)eposit 
Insurance 
Fund. 



Certain 
provisions 
of law not 
to apply, 
when. 



An Act authorizing the town of Rutland to erect a Chap. 44 
building for municipal purposes on certain park 
land in said town. 

Be it enacted, etc., as follows: 

Section 1. The town of Rutland is hereby authorized to 
use so much of Bartlett Park, so called, located therein as 
the town by vote may determine, for town hall, school and 
library purposes, or any of said purposes. 

Section 2. This act shall take effect upon its passage. 

Approved February 21, 1934- 



An Act relative to notice to the department of public Chap. 

WELFARE OF TEMPORARY AID FURNISHED TO CERTAIN POOR 
PERSONS. 

Be it enacted, etc., as follows: 

Section eighteen of chapter one hundred and seventeen of 
the General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the fourth 
line, the word "five" and inserting in place thereof the word: 



45 



Q. L. (Ter. 
Ed.), 117, 
§ 18, amended. 



42 Acts, 1934. — Chap. 45. 

Cities and — ^611, — SO as to read as follows: — Section 18. A town 
furnish aid may fumish temporary aid to poor persons found therein, 
to certain havinff no lawful settlements within the commonwealth, if 

Reniov;ii. the board of public welfare consider it for the pubhc interest; 

and the board of public welfare shall in every case give written 
notice within ten days to the department of public welfare, 
which shall examine the case and order such aid as it deems 
expedient. If it directs a discontinuance of such aid, it shall 
remove such persons to the state infirmary or to any state 
or place where they belong, if their necessities or the public 
interests require it, and the superintendent of said infirmary 
shall receive the persons removed thereto as if they were 
sent there in accordance with section seven of chapter one 
hundred and twenty-two. A detailed statement of expenses 
so incurred shall be rendered, and after approval by the 
department such expenses shall be paid by the common- 
wealth. If any such, person refuses to submit to removal, the 
department or any of its officers or agents may apply to the 
district court of the district where such person resides, for an 
order directing that such removal be made. Upon such appli- 
cation the court shall forthwith cause a summons to be served 
upon the person so refusing, and, if he be a minor, upon his 
parent or guardian, requiring the attendance of the person 
so summoned at a time and place appointed therein for hear- 
ing; and at such time and place shall hear and examine upon 
oath such person or persons, and shall hear such other evi- 
dence as may be material. If upon hearing it appears that 
the person sought to be removed is without a legal settlement 
in this commonwealth and is unable to support himself, and 
that his necessities or the public interests require his removal, 
the court shall issue an order in writing, directed to a duly 
constituted officer or agent of the department, reciting that 
such person appears to be a state charge, and that his necessi- 
ties or the public interests require his removal, and command- 
ing such officer or agent to remove him to the state infirmary 
or to any other state institution designated by the depart- 
ment, and such officer or agent shall thereupon make the 
removal as ordered. After the removal is made such officer or 
agent shall file such order, with his return thereon, with the 
clerk of the court from which it was issued. In every case 
where a removal is ordered a detailed statement of the 
expense incurred by any town for the support of the person 
so removed while application for his removal was pending 
before the court shall be rendered, and after approval by the 
department shall be paid by the commonwealth. Reimburse- 
ment by the commonwealth under the provisions hereof shall 
be subject to the provisions of section forty-two of chapter 
one hundred and twenty-one. 

Approved February 21, 1934- 



Acts, 1934. — Chap. 46. 



43 



appeal in 
certain cases. 



An Act providing for notification of the appellee in Chap. 46 

THE CASE OF APPEALS FROM CERTAIN ORDERS OF THE 
BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES 
AND BONDS. 

Be it enacted, etc., as follows: 

The sixth paragraph of section one hundred and thirteen o. l. (Ter. 
D of chapter one hundred and seventy-five of the General §'^130!^' 
Laws, as appearing in section two of chapter one hundred amended. 
and forty-six of the acts of nineteen hundred and thirty- 
three, is hereby amended by inserting after the word "regis- 
trar" in the eighteenth hne the words: — and to the ap- 
pellee, — so as to read as follows : — 

Any person or company aggrieved by any finding or order compulsory 
of the board, other than a finding that the complainant is or lilTbi'iity^ 
is not a suitable and proper person to whom to issue such a policies 

AdiighIs irom 

policy or on behalf of whom to execute such a bond as surety, ,i( xisions of 
may, within ten days after the filing of the memorandum b'^^^dof 
thereof in the office of the commissioner, unless the policy or 
bond has expired or will expire prior to the expiration of said 
period, and any person or company aggrieved by any finding 
of the board that a complainant is or is not a suitable and 
proper person as aforesaid may, in any case, within said 
period, appeal therefrom to the superior court or any justice 
thereof, in any county. The appellant shall file with his 
appeal a duly certified copy of the complaint and of the finding 
and order thereon, and, if the appeal is taken from a finding 
and order of the board in respect to a cancellation, the clerk 
of the court shall forthwith upon the filing of such an appeal, 
give written notice of the filing thereof to said registrar and 
to the appellee. The court or justice shall, after such notice 
to the parties as it or he deems reasonable, give a summary 
hearing on such appeal and shall have jurisdiction in equity 
to review all questions of fact and law, and to affirm or re- 
verse such finding or order and may make any appropriate 
decree. The court or justice may allow such complaint, 
finding or order to be amended. The decision of the court 
or justice shall be final. If the court or justice finds in favor 
of the company in the case of such a cancellation, the decree 
shall, unless the policy or bond has expired, affirm the can- 
cellation and specify a date not earlier than five days from 
the entry thereof, on which the cancellation shall become ef- 
fective ; but, if the policy or bond will expire on or before the 
termination of a period of five days from such entry, the 
decree shall specify a date prior to such expiration, or the 
court or justice may dispense with such a specification. The 
clerk shall, within two days after the entry thereof, send an 
attested copy of the decree to each of the parties and the 
commissioner and, in the case of a decree rendered upon an 
appeal in respect to the cancellation of such a policy or bond, 
to said registrar, or his office. The court or justice may make 
such order as to costs as it or he deems equitable. The su- 



44 Acts, 1934. — Chap. 47. 

perior court may make reasonable rules to secure prompt 
hearings on such appeals and a speedy disposition thereof. 

Approved February 21, 1934. 

Chap. 47 An Act authorizing the town of weymouth to con- 
struct AND OPERATE A SYSTEM OF SEWERS. 

Be it enacted, etc., as follows: 

Section 1. The town of We3TTiouth may lay out, con- 
struct, maintain and operate a system or systems of main 
drains and common sewers for a part or the whole of its 
territory, with such connections and other works as may be 
required for a system of sewage disposal, and may construct 
such sewers or drains over and under land or tide water in 
said town as may be necessary to conduct the sewage to the 
south metropolitan sewerage system, and, for the purpose 
of providing better surface or other drainage, may make, 
lay and maintain such drains as it deems best. And for the 
purposes aforesaid, the town may, within its limits, make and 
maintain sub-drains, and, with the approval of the depart- 
ment of public health, discharge the water from such sub- 
drains into any brook, stream or water course within the 
town. 

Section 2. The town may make and maintain in any way 
therein where main drains or common sewers are constructed, 
such connecting drains, under-drains and sewers within the 
limits of such way as may be necessary to connect any estate 
which abuts upon the way. 

Section 3. The board of sewer commissioners, acting for 
and on behalf of said town, may take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, any lands, water rights, rights of 
way or easements, public or private, in said town, necessary 
for accomplishing any purpose mentioned in this act, and 
may construct such main drains and sewers, sub-drains and 
under-drains under or over any bridge, railroad, railway, 
boulevard or other public way, or within the location of any 
railroad, and may enter upon and dig up any private land, 
public land or railroad location, for the purpose of laying such 
drains and sewers and of maintaining and repairing the same, 
and may do any other thing proper or necessary for the 
purposes of this act; provided, that they shall not take in 
fee any land of a railroad corporation, and that they shall 
not enter upon or construct any drain or sewer within the 
location of any railroad corporation except at such time and 
in such manner as they may agree upon with such corpora- 
tion, or, in case of failure to agree, as may be approved by 
the department of public utilities. 

Section 4. Any person injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said town under said chapter 
seventy-nine. 



Acts, 1934. — Chap. 47. 45 

Section 5. The town shall, by vote, determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal the town shall pay; provided, that it 
shall pay not less than one fourth nor more than two thirds 
of the whole cost. In providing for the payment of the 
remaining portion of the cost of said system or systems or 
for the use of said system or systems, the town may avail 
itself of any or all of the methods permitted by general laws, 
and the provisions of said general laws relative to the assess- 
ment, apportionment, division, reassessment, abatement and 
collection of sewer assessments, to liens therefor and to inter- 
est thereon, shall apply to assessments made under this act. 
At the same meeting at which it determines the proportion 
of the cost which is to be borne by the town, it may by vote 
determine by which of such methods the remaining portion 
of said cost shall be provided for. The collector of taxes of 
said town shall certify the payment or payments of such as- 
sessments or apportionments thereof to the said board who 
shall preserve a record thereof. 

Section 6. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the town may borrow 
such sums as may be necessary, not exceeding, in the aggre- 
gate, five hundred thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face, the words, 
Weymouth Sewerage Loan, Act of 1934. Each authorized 
issue shall constitute a separate loan. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as provided herein, be subject to chapter forty- 
four of the General Laws. 

Section 7. The receipts from sewer assessments and from 
payments made in lieu thereof shall be appropriated for and 
applied to the payment of charges and expenses incident to 
the maintenance and operation of said system of sewerage 
and sewage disposal or to the extension thereof, to the pay- 
ment of interest upon bonds or notes issued for sewer purposes 
or to the payment or redemption of such bonds or notes. 

Section 8. The board of sewer commissioners may 
annually appoint a clerk and may appoint a superintendent 
of sewers who shall not be a member of the board. It may 
remove the clerk or superintendent at its pleasure and shall 
define their duties. Said board may, at its discretion, pre- 
scribe for the users of said sewer system or systems such 
annual rentals or charges based upon the benefits derived 
therefrom as it may deem proper, subject, however, to such 
rules and regulations as may be fixed by vote of the town. 

Section 9. All contracts made by the board of sewer 
commissioners shall be made in the name of the town and 
shall be signed by the board, but no contract shall be made 
or obligation incurred by said board for any purpose in excess 
of the amount of money appropriated by the town therefor. 

Section 10. Said board may, from time to time, prescribe 
rules and regulations for the connection of estates and build- 



46 



Acts, 1934. — Chap. 48. 



ings with main drains and sewers, and for the inspection of 
materials, the construction, alteration and use of all connec- 
tions and drains entering into such main drains or sewers, 
and may prescribe penalties, not exceeding twenty dollars, 
for each violation of any such rule or regulation. Such rules 
and regulations shall be published at least once a week for 
three successive weeks in some newspaper published in the 
town of Weymouth, if any there be, and if not, then in some 
newspaper published in the county of Norfolk, and shall not 
take effect until such publications have been made. 

Section 11. No act shall be done under authority of the 
preceding sections, except in the making of surveys and other 
preliminary investigations, until the plans of said system 
of sewerage and sewage disposal have been approved by the 
department of public health. Upon application to said de- 
partment for its approval, it shall give a hearing, after due 
notice to the public. At such hearing, plans showing in detail 
all the work to be done in the construction of said system 
of sewerage and sewage disposal shall be submitted for 
approval by said department. 

Section 12. This act shall be submitted to the legal voters 
of said town, at an annual town election held within five years 
after its passage, in the form of the following question which 
shall be placed upon the official ballot used for the election 
of town officers: — "Shall an act passed by the general court 
in the year nineteen hundred and thirty-four entitled ' An 
Act authorizing the Town of Weymouth to construct and 
operate a system of sewers', be accepted?" If a majority of 
the votes cast on said question are in the affirmative this act 
shall thereupon take full effect, but not otherwise. No 
expenditure shall be made and no liability incurred here- 
under until such acceptance. 

Approved February 21, 1934- 



ChaV 48 ^^ ^^'^ RELATIVE TO THE TIME FOR ADDING SUBSEQUENT 
TAXES TO TAX TITLE ACCOUNTS FOR TAX TITLES HELD BY 



Emergency 
preamble. 



O. L. (Ter. 
Ed.), 60, § 01, 
etc., amended. 



CITIES AND TOWNS. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which in part is to enable cities and 
towns to raise sufficient money by borrowing on tax titles 
prior to September first, nineteen hundred and thirty-three, 
to pay obligations maturing prior to said date, now, therefore, 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter sixty of the General Laws, as 
most recently amended by section nine of chapter three 
hundred and twenty-five of the acts of nineteen hundred and 
thirty-three, is hereby further amended by striking out, in 
the eighteenth fine, the word "on" and inserting in place 
thereof the words: — not later than, — so as to read as 



Acts, 1934. — Chap. 49. 47 

follows: — Section 61. Whenever a town shall have pur- Lien for 
chased or taken real estate for payment of taxes the lien of tax^es^'to^"' 
the town on such real estate for all taxes assessed subse- continue 
quently to the assessment for payment of which the estate was or'takTng. 
purchased or taken shall continue, and it shall be unnecessary 
for the town to take or sell said real estate for non-payment 
of said subsequent taxes, costs and interest; and on redemp- 
tion from such taking or purchase, said subsequent taxes, 
costs and interest shall be paid to the town, and the payment- 
shall be made a part of the terms of redemption, except that 
if any of the said subsequent taxes have not been certified 
by the collector to the treasurer to be added to the tax title 
account, then redemption may be made by payment only 
of the amount of the tax for which the estate was purchased 
or taken and of such subsequent taxes as shall have been so 
certified, together with costs and interest. The collector shall 
certify to the treasurer not later than September first of the 
year following that of their assessment all subsequent taxes 
which become part of the terms of redemption and the 
treasurer shall give him a certificate stating that the amount 
or amounts have been added to the tax title account or ac- 
counts and the collector shall be credited as if the tax had 
been paid in money. Approved February 23, 1934.. 



An Act authorizing the town of wayland to use certain 
park land for school purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Wayland is hereby authorized to 
use for school and school yard purposes a portion of the town 
playground, so-called, located in the centre of said town and 
adjacent to the present high school property and bounded 
and described as follows : — Beginning at the intersection of 
the line of upland and the parsonage lot, so-called; thence 
southerly by said parsonage lot and land of Holt tx) the 
northwesterly corner of land of Lewis; thence turning at an 
angle of one hundred and two degrees and running westerly 
four hundred feet to a corner; thence turning at an angle of 
one hundred and thirty-five degrees and running north- 
westerly to the line of upland ; thence turning and running by 
said line of upland to the point of beginning together with a 
right of way to the present high school lot, and a right of way 
to Cochituate road substantially along the northerly bound- 
ary of said parsonage lot; all as shown on a plan entitled 
"Plan of Land in Wayland Centre belonging to Jonatham 
M. Parmenter, W. A. Mason & Son, Surveyors, May, 1910" 
and recorded with Middlesex South District Registry of 
Deeds, Book of Plans No. 215, Plan 50. The land so used 
shall be under the same care and control as other school 
property. 

Section 2. This act shall take effect upon its passage. 

Approved February 23, 1934. 



CMp. 49 



48 Acts, 1934. — Chap. 50. 



Chap. 50 An Act authorizing the city of chicopee to convey a 

PORTION OF LAND HELD BY IT FOR THE PURPOSE OF A PUBLIC 
PARK. 

Be it enacted, etc., as follows: 

Section 1. The city of Chicopee, by its treasurer, may 
convey to the Roman Cathohc Bishop of Springfield, a cor- 
poration sole, a portion of the real estate situated in said 
city and held by it as a public park by virtue of the con- 
veyance to it by the Atwater Real Estate Trust recorded 
with Hampden County Registry of Deeds, Book 1428, Page 
17, the said portion to be conveyed being described as 
follows : — 

Beginning at the southwesterly corner of Springfield street 
and Hampden street and running thence northwesterly on 
Hampden street seventy-nine and thirty-eight hundredths 
feet ; thence westerly making an interior angle of one hundred 
and nineteen degrees twenty minutes with the westerly line 
of Hampden street one hundred ten and thirty hundredths 
feet, to the northwesterly corner of land of one Powers which 
is the starting point of the lot herein described; thence 
south five degrees forty-eight minutes west twenty-one and 
nineteen hundredths feet by land of said Powers ; thence south 
eighty-eight degrees thirty-one minutes west fourteen hun- 
dred ninety-one and nine tenths feet to land of the Roman 
Catholic Bishop of Springfield at a point ninety-eight and 
nineteen hundredths feet south from the northwest corner 
of the lot now being described; thence north two degrees 
fifty-eight minutes west by land of the said Roman Catholic 
Bishop of Springfield ninety-eight and nineteen hundredths 
feet to said last named corner; thence south eighty-five 
degrees fifty-six minutes east by land of the said Roman 
Catholic Bishop of Springfield eight hundred forty-six and 
twenty-five hundredths feet ; thence south eighty-five degrees 
twenty minutes east along said last named land six hundred 
fifty-six and seventy-one hundredths feet to the said corner 
of land of Powers, and the point of beginning of this lot. 

In return therefor the said city of Chicopee shall receive 
from the said Roman Catholic Bishop of Springfield and it 
shall convey to said city, the following described real estate 
situated in said city, to wit: — Beginning at a point ninety- 
eight and nineteen hundredths feet southerly from a point in 
land of the Roman Catholic Bishop of Springfield distant 
westerly fifteen hundred two and ninety-six hundredths feet 
from the northwest corner of land of one Powers, the in- 
terior angle between these two courses being eighty-two 
degrees fifty-eight minutes and running thence south eighty- 
eight degrees thirty-one minutes west five hundred eighty- 
four and thirty-eight hundredths feet; thence south twelve 
degrees fifty-nine minutes west one hundred thirty-four and 
ninety-six hundredths feet; thence south eighty-seven de- 
grees twelve minutes east one hundred ninety-four and 



Acts, 1934. — Chaps. 51, 52. 49 

twenty-one hundredths feet; thence south seventy-nine 
degrees twenty-four minutes east one hundred twenty-five 
and thirty-nine hundredths feet; thence south eighty-five 
degrees ten minutes east three hundred seven and forty 
hundredths feet; thence north two degrees fifty-eight minutes 
west one hundred seventy-four and twenty-one hundredths 
feet to the place of beginning. 

The said land so conveyed to the said city shall be held by 
it for the same purposes, in the same manner and upon the 
same conditions and restrictions as are contained in the above 
mentioned deed of the Atwater Real Estate Trust to the 
said city. 

Section 2. Chapter one hundred and fifty-eight of the 
acts of nineteen hundred and thirty-one is hereby repealed. 

Approved February 23, 1934. 

An Act prohibiting the sale of black bass wherever Chap. 51 

TAKEN. 

Be it enacted, etc., as follows: 

Section fifty-six of chapter one hundred and thirty-one of q. ^ (Ter. 
the General Laws, as appearing in the Tercentenary Edition Ed.), i3i, 
thereof, is hereby amended by striking out, in the second 
line, the words ''black bass," — and by inserting after the 
word "commonwealth" in the fifth line the words: — , or 
any black bass taken from waters within or outside the 
limits of this commonwealth, — so as to read as follows: — 
Section 56. No person shall buy, sell, offer or expose for sale, Black bass, 
or have in possession for the purpose of sale, any trout, horned ^^'®^,9^. 
pout, yellow perch, pickerel, white perch, great northern pike 
or muscallonge, or wall-eyed pike or pike perch, taken from 
the waters of this commonwealth, or any black bass taken 
from waters within or outside the limits of this common- 
wealth. Nothing in this section shall be construed to prohibit 
the sale of white perch taken from the coastal waters of the 
commonwealth or from the waters of Dukes or Nantucket 
counties, or from waters now or hereafter held under lease 
from the department. Nothing in this section shall be deemed 
to prohibit the director from issuing permits as to black bass 
under section fifty-one, or to penalize any person acting 
under authority of any license so issued. 

Approved February 23, 1934- 

An Act to authorize the jones library, incorporated, (^/^^rj 52 
to receive and administer property from any source. 

Be it enacted, etc., as follows: 

Section one of chapter ninety-six of the Special Acts of 
nineteen hundred and nineteen is hereby amended by adding 
at the end thereof the following new paragraph : — 

The corporation is further authorized to receive from any 
source, by gift, bequest, devise or otherwise, real and personal 



prohibited. 



50 Acts, 1934. — Chap. 53. 

property to be devoted by it to said purposes, and to hold in 
trust or otherwise, and to use and administer, property so 
received. Approved February 23, 1934. 



Chap. 53 An Act authorizing the Cheshire water company to 

ACQUIRE, HOLD AND PROTECT FURTHER SOURCES OF WATER 
SUPPLY IN THE TOWN OF CHESHIRE. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-one of the acts of eighteen 
hundred and seventy-five is hereby amended by striking out 
section one and inserting in place thereof the following : — 
Section 1. Richard A. Burget, Felix F. Petitcler and George 
Martin, their associates and successors, are hereby made a 
corporation under the name of the Cheshire Water Company, 
for the purposes of supplying the inhabitants of the town of 
Cheshire, or any part thereof, with water for domestic, manu- 
facturing and other purposes, including the extinguishment 
of fires, with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities set forth in all general 
laws now or hereafter in force applicable to such corporations. 
Said corporation, for the purposes aforesaid, may lease, take 
by eminent domain under chapter seventy-nine of the Gen- 
eral Laws, or acquire by purchase or otherwise, and hold and 
convey, the waters, or so much thereof as may be necessary, 
of any ponds, brooks, springs or streams, or of any under- 
ground sources of supply by means of wells which may be 
constructed or sunk at any suitable place, within the limits 
of said town, and also all lands, rights of way and easements 
necessary for holding and preserving the quality of such 
waters and for conveying the same to any part of said town; 
provided, that no source of water supply for domestic pur- 
poses or lands necessary for preserving the quality of such 
water shall be acquired under this act without the approval of 
the department of public health and that the location of all 
dams, reservoirs, wells or other works for collecting or storing 
water authorized by this act shall be subject to the approval 
of said department. 

Section 2. Said chapter forty-one is hereby further 
amended by striking out section three and inserting in place 
thereof the following : — Section 3. Said corporation may 
distribute the water throughout said town of Cheshire, and 
may from time to time fix and establish the rent therefor; 
and may construct on the lands acquired and held under this 
act proper dams, reservoirs, standpipes, tanks, buildings, 
fixtures and other structures, and may make excavations, 
procure and operate machinery and provide such other means 
and appliances, and do such other things as may be necessary 
for the establishment and maintenance of complete and 
effective water works; and for that purpose may construct 
wells and reservoirs and establish pumping works, and may 
construct, lay and maintain aqueducts, conduits, pipes and 



Acts, 1934. — Chaps. 54, 55. 51 

other works under or over any land, water courses, railroads, 
railways and public or other ways, and along such ways, in 
said town, in such manner as not unnecessarily to obstruct 
the same; and for the purposes of constructing, laying, main- 
taining, operating and repairing such conduits, pipes and 
other works, and for all proper purposes of this act, said cor- 
poration may dig up or raise and embank any such lands, 
highwaj'^s or other ways in such manner as to cause the least 
hindrance to public travel on such ways; provided, that all 
things done upon any such way shall be subject to the direc- 
tion of the selectmen of said town. Said corporation shall 
not enter upon, construct or lay any conduit, pipe or other 
works within the location of any railroad corporation except 
at such time and in such manner as it may agree upon with 
such corporation, or, in case of failure to so agree, as may be 
approved by the department of public utilities. 

Approved February 23, 1934- 

An Act abolishing sessions of the probate court for nhQ-yy 54 

HAMPSHIRE COUNTY AT AMHERST. ^ ' 

Be it enacted, etc., as follows: 

Section sixty-two of chapter two hundred and fifteen of the g. l. (Ter. 
General Laws, as most recently amended by chapter twenty- f 62'e^tc!' 
four of the acts of nineteen hundred and thirty-four, is amemied.' 
hereby further amended by striking out, in the thirty-fifth 
and thirty-sixth lines as appearing in the Tercentenary 
Edition of the General Laws, the words "at Amherst, the 
third Tuesdays of January, March and November;", — so 
that the paragraph contained in lines thirty-four to thirty- 
seven, inclusive, as so appearing, will read as follows:. — 
Hampshire, at Northampton, the first Tuesday of each Probate court, 
month and the third Tuesdays of February, April, May, irnampsiiire 
October and December; and at Ware, the third Tuesdays of county. 
June and September. Approved February 23, 1934. 



An Act authorizing trap, skeet and target shooting on Chap. 55 

THE lord's day IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section seventeen of chapter one hundred and thirty-six g. l. (Xer. 
of the General Laws, as most recently amended by section §i'7,'etc.,' 
four of chapter one hundred and fifty of the acts of nineteen amended. 
hundred and thirty-three, is hereby further amended by 
adding at the end thereof the following : — , nor shall it 
apply to the discharge of firearms in trap, skeet or target 
shooting if carried on at such places within the limits of any 
city or town and during such hours as the city council or 
selectmen approve and in accordance with regulations which 
they are hereby authorized to establish, — so as to read as 
follows: — Section 17. Whoever on the Lord's day discharges r^mv, skeet 
any firearm for sport or in the pursuit of game, or attempts ^^'^ ^^^s^^ 

shooting on 



52 



Acts, 1934. — Chap. 56. 



the Lord's 
day permitted. 



to take or catch any fish by using any net or spear, 
or attempts to take or catch any fish for commercial purposes 
by using a hook and Hne, shall be punished by a fine of not 
more than ten dollars. Prosecutions hereunder shall be com- 
menced within thirty days after the offence was committed. 
This section shall not apply to the discharge of firearms in any 
shooting gallery licensed under section four A, and subject to 
the restrictions therein imposed, nor shall it apply to the 
discharge of firearms in trap, skeet or target shooting if 
carried on at such places within the limits of any city or 
town and during such hours as the city council or selectmen 
approve and in accordance with regulations which they are 
hereby authorized to establish. 

Approved February 23, 1934. 



Q. L. (Ter. 
Ed.), 264, § 5. 
etc., amended. 



Use of flags 
of the United 
States and of 
the common- 
wealth regu- 
lated. 



ChaV. 56 ^^ ^^^ PROHIBITING THE USE OF FLAGS OF THE UNITED 
STATES OR OF THE COMMONWEALTH AS RECEPTACLES FOR 
DEPOSITING OR COLLECTING MONEY. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and sixty-four of the 
General Laws, as most recently amended by section three of 
chapter one hundred and fifty-three of the acts of nineteen 
hundred and thirty-three, is hereby further amended by 
inserting before the word "or" in the seventh line the words: 
— or whoever causes or permits such flag to be used in a 
parade as a receptacle for depositing or collecting money or 
any other article or thing, — so as to read as follows : — 
Section 5. Whoever publicly mutilates, tramples upon, 
defaces or treats contemptuously the flag of the United States 
or of Massachusetts, whether such flag is public or private 
property, or whoever displays such flag or any representation 
thereof upon which are words, figures, advertisements or 
designs, or whoever causes or permits such flag to be used in 
a parade as a receptacle for depositing or collecting money 
or any other article or thing, or whoever exposes to public 
view, manufactures, sells, exposes for sale, gives away or has 
in possession for sale or to give away or for use for any 
purpose, any article or substance, being an article of mer- 
chandise or a receptacle of merchandise or articles upon 
which is attached, through a wrapping or otherwise, en- 
graved or printed in any manner, a representation of the 
United States flag, or whoever uses any representation of the 
arms or the great seal of the commonwealth for any adver- 
tising or commercial purpose, shall be punished by a fine of 
not less than ten nor more than one hundred dollars or by 
imprisonment for not more than one year, or both ; but a flag 
belonging to an organization of veterans of the civil war, to 
a camp of the United Spanish War Veterans, to a post or 
department of The American Legion, or to a post or depart- 
ment of the Veterans of Foreign Wars of the United States, 
or to a post or department of the Jewish War Veterans of 
the United States, or belonging to or used in the service of 



Acts, 1934. — Chaps. 57, 58. 53 

the United States or the commonwealth, may have the names 
of battles and the name and number of the organization 
to which such flag belongs inscribed thereon. Words, figures, 
advertisements or designs attached to, or directly or indirectly 
connected with, the flag or any representation thereof in 
such manner that the flag or its representation is used to 
attract attention to or advertise such words, figures, adver- 
tisements or designs, shall for the purposes of this section be 
deemed to be upon the flag. For the purposes of this section, 
a flag shall be deemed to continue to belong to any organiza- 
tion of veterans hereinbefore specified, although such organ- 
ization has ceased to exist, during such time as it remains 
in the lawful ownership or custody of any other of the 
aforesaid organizations or of the commonwealth or of any 
political subdivision thereof, or of any patriotic or historical 
society incorporated under the laws of the commonwealth 
or determined by the adjutant general to be a proper cus- 
todian thereof. Approved February 23, 1934. 

An Act authorizing the taking by eminent domain of fhnnj 57 

LAND within THE LIMITS OF FOSTER STREET IN THE TOWN ^' 

OF SAUGUS AS A SITE FOR A FIRE AND POLICE STATION 
BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The board of selectmen of the town of 
Saugus may take on behalf of said town by eminent domain 
under chapter seventy-nine of the General Laws and under 
authority of a vote passed on December eighteenth, nineteen 
hundred and thirty-three, at a special town meeting of said 
town, for the purpose of a site for a fire and poHce station 
building, the land included within the limits of such portion 
of the way in said town known as Foster street as lies between 
Taylor street and Woodbury avenue. 

Section 2. This act shall take effect upon its passage. 

Approved March 2, 193 4. 

An Act making legal certain acts done in connection Qfiar) 58 

with the construction of sewers in the town OF 
NAHANT. 

Be it enacted, etc., as follows: 

Section 1. All acts of the town of Nahant, or any officer 
or board thereof, during the calendar years of nineteen 
hundred and twenty-eight to nineteen hundred and thirty- 
two, inclusive, in laying out or constructing in said town a 
system or systems of main drains and common sewers, in 
so far as such acts may be illegal by reason of failure of 
compliance with any requirement of section fifteen of chapter 
two hundred and forty-one of the Special Acts of nineteen 
hundred and seventeen, are hereby made legal for the pur- 
poses of assessments under said chapter and its amendments 



54 Acts, 1934. — Chaps. 59, 60. 

and for all other purposes; but nothing herein shall preclude 
the department of public health from hereafter taking any 
action authorized by law in relation to any such system. 
Section 2. This act shall take effect upon its passage. 

Approved March 2, 1934. 



Chap. 59 An Act eliminating delay in the adoption of orders 

AND RESOLUTIONS RELATING TO CIVIL AND PUBLIC WORKS 
ADMINISTRATION PROJECTS IN CITIES. 

^^ambie*'^ "PF/iereas, The deferred operation of this act would tend to 

defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Any order or resolution heretofore or hereafter pending 
before the city council of a city relating to civil works adminis- 
tration projects or public works administration projects, 
which contains a preamble declaring such order or resolution 
to be an emergency measure and definitely setting forth the 
emergency necessitating immediate action thereon or stating 
that public necessity or convenience requires such action, 
may, notwithstanding the provisions of the charter of such 
city, be passed through all its stages of legislation at one 
session of the city council, if no member objects thereto, and 
in the event that such order or resolution is so passed, any 
provisions of the charter thereof requiring publication 
and/or providing for a referendum shall not apply thereto. 

Approved March 2, 1934 . 



Chap. 60 An Act increasing the number of signatures required 

TO NOMINATE CANDIDATES FOR CERTAIN OFFICES IN THE 
CITY OF CHELSEA. 

Be it enacted, etc., as follows: 

Section fourteen of Part II of chapter six hundred and 
eighty of the acts of nineteen hundred and eleven is hereby 
amended by striking out lines twenty-nine to thirty-two, 
inclusive, and inserting in place thereof the following:— 
and at the same time shall file therewith a petition signed by 
voters of the city qualified to vote for a candidate for the 
said office to the number of at least three hundred for the 
office of mayor, one hundred for the office of alderman at 
large and fifty for the office of ward alderman or member of 
the school committee. The petition shall be in substantially 
the following form : — 

Approved March 2, 1934. 



Acts, 1934. — Chaps. 61, 62. 



55 



An Act prohibiting certain discrimination in the QJidj) 

ISSUANCE OR execution OF MOTOR VEHICLE LIABILITY 

policies and bonds. 



61 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the General 
Laws is hereby amended by inserting after section one 
hundred and thirteen D, as appearing in the Tercentenary 
Edition thereof, the following new section: — Section USE. 
No insurance company, and no officer or agent thereof on 
its behalf, shall refuse to issue or execute as surety a motor 
vehicle habihty poHcy or bond, both as defined in section 
thirty-four A of chapter ninety, because of the race or color 
of the appHcant therefor. Approved March 2, 1934. 



G. L. (Ter. 
Ed.), 175, 

new section 
113E, added. 

Discrimination 
in tlie issuance 
of motor ve- 
liicle liability 
policies, etc., 
prohibited. 



An Act relative to the time for drawings to determine (Jhap. 62 

THE ORDER OF NAMES OF CANDIDATES ON BALLOTS AT PRE- 
LIMINARY ELECTIONS IN THE CITY OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and eighty-one of the 
acts of nineteen hundred and thirty-two is hereby amended 
by striking out, in the ninth line, the word "forty-eight" 
and inserting in place thereof the word : — seventy-two, — so 
that the first paragraph will read as follows : — On the first 
day, other than a legal holiday, following the expiration of 
the time for fifing the above described nomination papers, the 
board shall post in a conspicuous place in their office the 
names and residences of the candidates for nomination who 
have duly quaUfied as such, as they are to appear on the 
official ballots to be used at the preliminary election, except 
as to the order of the names, which shall be drawn by lot 
by the chairman of the board within seventy-two hours 
succeeding five o'clock in the afternoon of the last day fixed 
for the filing of nomination papers, and the board shall cause 
the ballots, which shall contain said names in their order as 
so drawn, and no others, with a designation of residence, and 
of the office and term of office, to be printed, and the ballots 
so printed shall be official and no others shall be used at the 
preliminary election. At any drawing for position on the 
ballot, each candidate shall have an opportunity to be present 
in person or by one representative. There shall be left at the 
end of the list of candidates for nomination for each office 
blank spaces equal in number to the number of persons to 
be nominated therefor, in which spaces the voter may insert 
the name of any person not printed on the ballot for whom 
he desires to vote for nomination for such office, but the 
name of such person shall not be printed on the official ballot 
to be voted for at any regular or special municipal election 
in said city unless such person is qualified to be nominated 
under the provisions of section three. There shall be printed 



56 Acts, 1934. — Chaps. 63, 64. 

on such ballots such directions as will aid the voter, as, for 
example: "vote for one", "vote for two", and the Hke, and 
the ballots shall be headed substantially as follows: — 

Approved March 2, 193 J^. 

Chew 63 "^^ "^^^ PERMITTING TENNIS GAMES ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Ed)"' 130''? " Section two of chapter one hundred and thirty-six of the 
etc.. amended.' General Laws, as most recently amended by section one of 
chapter one hundred and fifty of the acts of nineteen hundred 
and thirty-three, is hereby further amended by inserting 
after the word "called" in the eighth line the words: — , or 
Tennis games cxcept a game of tennis, — so as to read as follows: — Sec- 
on the Lord's Hqj^ 2. Whocver on the Lord's day is present at a game, sport, 
play or public diversion, except a concert oi sacred music, 
a pubHc entertainment duly hcensed as provided in section 
four or a free open air concert given by a town, or by license 
of the mayor or the selectmen, upon a common or public 
park, street or square, or except a game of golf conducted 
on an open air golf course other than a miniature golf course, 
so called, or except a game of tennis, shall be punished by a 
fine of not more than five dollars. Whoever on the Lord's 
day takes part in any game, sport, play or public diversion, 
except as aforesaid, shall be punished by a fine of not more 
than fifty dollars. This and the following section shall not 
apply to amusement enterprises lawfully conducted under 
section four A or to sports or games conducted in accordance 
with sections twenty-one to twenty-five, inclusive, in any city 
or town which accepts said sections or in accordance with 
sections twenty-six to thirty-two, inclusive, in any city or 
town in which said sections twenty-six to thirty-two are then 
in force. Approved March 2, 1934. 



Chap. 64 ^^ ^^'^ '^^ INCORPORATE THE MASSACHUSETTS BENEVOLENT 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Hyman Lowenberg, Wilham Browne, Aaron Kravitz, Sam 
Backner, Richard Cronin, Herbert Peterson, Louis Snyder, 
William Hayden, their associates and successors, are hereby 
made a corporation by the name of the Massachusetts 
Benevolent Association, with the power of providing, through 
assessment upon its members, funds necessary to pay death 
benefits not exceeding in any one case three hundred dollars, 
and disability benefits to its members not exceeding in any 
one case ten dollars a week, and to furnish medical attendance 
to its members. The corporation shall be governed by direct 
vote of its members, and membership shall be limited to 
those who are deaf or dumb or both. The said corporation, 
except as otherwise provided herein, shall have all the 
powers, rights and privileges, and shall be subject to all the 



Acts, 1934. — Chaps. 65, 66. 



57 



duties, liabilities and restrictions, conferred or imposed by 
laws now or hereafter in force upon fraternal benefit societies 
designated in section forty-five of chapter one hundred and 
seventy-six of the General Laws, except that it may contract 
to pay benefits to its members without satisfying the com- 
missioner of insurance that it has received at least five 
hundred bona fide appKcations for membership as required 
by said section forty-five. Approved March 2, 1934. 



An Act authorizing the trustees of the essex county 
agricultural school to pay transportation costs of 
certain pupils attending said school. 

Be it enacted, etc., as follows: 

Chapter seventy-four of the General Laws is hereby 
amended by inserting after section thirty-one, as appearing 
in the Tercentenary Edition thereof, the following new 
section: — Section 31 A. The trustees of the Essex county 
agricultural school may, if in their judgment the circum- 
stances warrant, and it is not otherwise provided for, pay, 
in whole or part, the costs of transporting any pupil who 
resides in a town in the county of Essex between the town 
and the school, and such expenditure shall be deemed to be 
a proper maintenance item. Approved March 2, 1934- 



Chap. 65 



G. L. (Ter. 

Ed.), 74, 
new section 
31 A, added. 

Trustees of 
Essex county 
agricultural 
school may 
pay trans- 
portation costs 
of certain 
pupils. 



An Act relative to the terms of obligations issued 
under the laws enabling the commonwealth to 
secure certain benefits provided by the national 
industrial recovery act. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose to alleviate promptly conditions of wide- 
spread unemployment, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and sixty-eight of the 
acts of nineteen hundred and thirty-three is hereby amended 
to read as follows : — The maximum term of each series of 
bonds, notes and other forms of written acknowledgment of 
debt, referred to in this act as obligations, authorized under 
section two of chapter three hundred and sixty-five of the 
acts of nineteen hundred and thirty-three, as amended, and 
issued to the United States of America, shall be thirty years, 
but any one or more series of such obligations may be made 
payable within any shorter period, with the approval of the 
proper federal authorities. 

The maximum term of each series of obligations, authorized 
under section two of said chapter, as amended, and issued 
otherwise than to the United States of America, for the pur- 
pose of carrying out any highway or bridge project, or both, 
or authorized and issued under section two A of said chapter, 



Chap. 66 



Emergency 
preamble. 



1933, 368, 
amended. 

Terms of 
certain bonds 
established. 



58 



Acts, 1934. — Chaps. 67, 68. 



Act not to 
impair certain 
contracts. 



as amended, in lieu of obligations issued to the United States 
of America for such purpose and repurchased, shall be five 
years. 

The maximum term of all other obligations authorized 
and issued under said chapter, as amended, shall be ten 
years for each series of such obligations. 

All the foregoing maximum terms are established in ac- 
cordance with the recommendations made by the governor 
in a message to the general court, dated February thirteenth, 
nineteen hundred and thirty-four, in pursuance of section 
three of Article LXII of the amendments to the constitution. 

Section 2. Nothing herein contained shall impair in 
any way any contract or contracts heretofore entered into 
between the commonwealth and the United States of America, 
under said chapter three hundred and sixty-five of the acts of 
nineteen hundred and thirty-three, as originally enacted or 
as amended, or any bonds, notes or other forms of written 
acknowledgment of debt which have been or may hereafter 
be issued to the United States of America pursuant to any 
such contract or contracts. Approved March 7, 1934- 



CJmp. 67 



G. L. (Ter. 
Ed.), 185, § 1. 
amended. 



Land court 
.iurisdiction 
extended. 



Effective 
date. 



An Act granting the land court general equity juris- 
diction IN CERTAIN CASES AND MATTERS INVOLVING THE 
TITLE TO LAND, 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
eighty-five of the General Laws, as appearing in the Ter- 
centenary Edition thereof, is hereby amended by striking out 
paragraph (k) and inserting in place thereof the following: — 

(k) All cases and matters of equity cognizable under the 
general principles of equity jurisprudence where any right, 
title or interest in land is involved, except suits in equity for 
specific performance of contracts. 

Section 2. This act shall take effect on the first day of 
October in the current year. Approved March 7, 1934. 



Chap. 68 An Act relative to the filling of any vacancy in the 

office of mayor of the city of BROCKTON AND TO THE 

performance of the duties of such officer by an 
acting mayor in certain cases. 

Be it enacted, etc., as follows: 

Section 1. If a vacancy occurs in the office of mayor of 
the city of Brockton before the last six months of the term 
of office, the board of aldermen thereof shall order an election 
for a mayor to serve for the unexpired term. Upon the death, 
resignation or absence of the mayor or his inability to per- 
form the duties of his office, and until the vacancy resulting 
therefrom is filled or until the mayor is able to attend thereto, 
such duties shall be performed by the president of the board 
of aldermen, or if there is no such officer or if he also is absent 



Acts, 1934. — Chaps. 69, 70. 



59 



or unable for any cause to perform them, by the president of 
the common council, or if there is no such officer or if he also 
is absent or unable for any cause to perform them, by such 
alderman as the board of aldermen may from time to time 
elect. The person upon whom such duties devolve shall be 
called "acting mayor" and shall possess the powers of mayor 
only in matters not admitting of delay and shall not make 
permanent appointments. 

Section 2. Section nine of chapter one hundred and 
ninety-two of the acts of eighteen hundred and eighty-one 
is hereby amended by striking out all after the word "office" 
in the twenty-ninth line down to and including the word 
"election" in the thirty-seventh line. 

Approved March 7, 1934. 



G. L. (Ter. 
Ed.), 147, 
§ 35, amended. 

Licenses for 
managers of 
boxers. 



An Act providing a penalty for acting as a manager of Chap. 69 

BOXERS WITHOUT A LICENSE. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-seven of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out section thirty-five and inserting in 
place thereof the following : — Section 35. No person shall 
act, except at a purely amateur match or exhibition, directly 
or indirectly, as physician, referee, judge, timekeeper, pro- 
fessional boxer or as manager, trainer or second of such a 
boxer, at a boxing or sparring match or exhibition unless 
licensed by the commission upon receipt of such classified 
fee, not exceeding twenty-five dollars, as the commission may 
fix. Whoever, without being so licensed, acts as such manager 
or engages in the business commonly transacted by managers 
of boxers shall be punished by a fine of not more than two 
hundred dollars. For the purposes of sections thirty-two to 
forty-seven, inclusive, a professional boxer is one who com- 
petes for fi money prize or teaches or pursues or assists in the 
practice of boxing as a means of obtaining a livelihood or 
pecuniary gain. Physicians who desire to officiate without 
charge at amateur boxing or sparring matches or exhibitions 
shall be licensed without charge. 

Approved March 7, 1934. 



An Act relative to the close season on raccoons. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws 
is hereby amended by striking out section ninety-seven, as 
appearing in the Tercentenary Edition thereof, and inserting 
in place thereof the following: — Section 97. No person 
shall, except as provided in section ninety-nine, hunt or 
trap, or have in possession the living or dead bodies of, minks, 
otters, muskrats, skunks or raccoons, except that such 



Chap. 70 



O. L. (Ter. 

F.a.), 131, 

§ !t7, 
amended. 

r'nKp season 
on raccoons. 



60 Acts, 1934. — Chaps. 71, 72. 

animals, other than raccoons, may be taken by shooting or 
trapping between November first and March first, both dates 
inclusive, and that raccoons may be taken with the aid or by 
the use of dogs or guns between October first and January 
first, both dates inclusive, and by trapping between Novem- 
ber first and January first, both dates inclusive; but not more 
than twenty raccoons shall be taken by one person in one 
open season. Approved March 7, 1934. 

Chap. 71 An Act designating the new bridge to be constructed 

OVER THE SAUGUS RIVER BETWEEN THE POINT OF PINES IN 
THE CITY OF REVERE AND THE CITY OF LYNN AS THE GEN- 
ERAL CLARENCE R. EDWARDS BRIDGE, 

Be it enacted, etc., as follows: 

The new bridge authorized to be constructed over the 
Saugus river between the Point of Pines in the city of Revere 
and the city of Lynn under the provisions of chapter two 
hundred and forty-one of the acts of nineteen hundred and 
thirty-two and chapter three hundred and forty-nine of the 
acts of nineteen hundred and thirty-three shall be known and 
designated as the General Clarence R. Edwards bridge, and 
a suitable tablet or marker bearing said designation shall be 
attached to said bridge by the department of public works 
upon its completion. Approved March 7, 1934. 

Chap. 72 ^^ ^^'^ AMENDING THE LAWS RELATIVE TO THE RETIREMENT 
SYSTEM IN THE TOWN OF BROOKLINE. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (2) of section six of chapter two 
hundred and ninety-nine of the acts of nineteen hundred and 
thirty-three is hereby amended by striking out clause (c) and 
inserting in place thereof the following : — 

(c) An additional pension, if he has a prior service certifi- 
cate in full force and effect, equal to the life annuity provided 
at age sixty by the accumulated contributions which would 
have resulted if contributions equivalent to eight per centum 
of his average annual regular compensation during the five 
fiscal years immediately preceding the date on which the 
retirement system becomes operative had been made during 
each year of his creditable prior service had the system then 
been in operation, provided that such prior service pension 
shall not exceed one half of his annual regular compensation 
at the date on which the retirement system becomes opera- 
tive. 

Section 2. This act shall take effect upon its acceptance 
by the town of Brookline by a two thirds vote of the town 
meeting members present and voting thereon at a limited 
town meeting called for the purpose within two years of the 
passage of this act, but not otherwise. 

Approved March 8, 1934. 



Acts, 1934. — Chap. 73. 



61 



An Act providing for the establishment of a fund for 

THE insurance OF SHARES IN CO-OPERATIVE BANKS. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose as a temporary measure to hasten financial 
recovery, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. The Co-operative Central Bank, established 
by chapter forty-five of the acts of nineteen hundred and 
thirty-two, hereinafter referred to as the corporation, shall 
in the manner herein provided establish a fund for the insur- 
ance of shares in co-operative banks established under the 
laws of the commonwealth, hereinafter referred to as member 
banks. For such purpose the directors of the corporation 
may, by assessments made from time to time upon the mem- 
ber banks in the same proportion for each, require each mem- 
ber bank to pay over in cash to the corporation a total of not 
more than one per cent of the share liabilities of such member 
bank as shown by its last annual report to the commissioner 
of banks, hereinafter referred to as the commissioner, such 
assessments to be in addition to all other payments to the 
corporation required under said chapter forty-five. An assess- 
ment under this section of one quarter of one per cent of such 
share liabilities shall be made within ten days after the 
effective date of this act, said assessment to be paid by each 
member bank from the proceeds of the amount of its deposit 
with the corporation made under section six of said chapter 
forty-five, reduced by any amounts withdrawn therefrom by 
such bank or payments made to it by the corporation under 
said chapter forty-five, so far as the amount of said deposit so 
reduced may be adequate. Other assessments not exceeding 
such authorized total shall be made from time to time there- 
after at the direction of the commissioner. The provisions of 
sections six and ten of said chapter forty-five shall apply 
to the assessments authorized by this section. Such assess- 
ments shall be held as a fund to be known as the Share Insur- 
ance Fund. Said fund shall be invested separately from the 
other funds of the corporation and shall not be liable for the 
obligations of the corporation other than those created by or 
under this act. Assets of the corporation not held in the 
Share Insurance Fund shall not be liable for any obligations 
created hereby or hereunder. The cost of administering the 
Share Insurance Fund as determined by the directors of the 
corporation shall be paid therefrom. 

Section 2. All assessments paid into the Share Insurance 
Fund by a member bank under section one may be carried by 
it as an asset to the extent authorized by the commis- 
sioner. 

Section 3. The corporation may pay dividends to mem- 
ber banks upon the amounts paid in by them to the Share 



Chap. 73 



Emergency 
preamble. 



Fund for 
insurance of 
shares in 
co-operative 
banks 
estnlilished. 



AssessTnents. 



Dividends. 



62 



Acts, 1934. — Chap. 73. 



Possession of 
banks. 

Commissioner 
of banks, 
duties. 



Control, etc., 
of banks by 
corporation. 



Insurance Fund or upon the unexpended portion thereof at 
such rate and at such times as the directors of the corporation 
may determine. Said fund may be invested by the corpora- 
tion only in such manner as reserves are required to be 
carried as provided in subsections a, b, c, and d of section 
forty-seven of chapter one hundred and seventy of the 
General Laws, as appearing in chapter one hundred and 
forty-four of the acts of nineteen hundred and thirty-three. 
The corporation may by vote of its directors borrow money 
for the purposes of the Share Insurance Fund and pledge any 
assets in which such fund is invested as security for such 
loans. In case of the voluntary liquidation of any member 
bank under section twenty-two of chapter one hundred and 
sixty-seven of the General Laws, the corporation shall return 
the unexpended portion, as determined by its directors, of all 
assessments paid by such bank into said fund; provided, that 
such directors are satisfied that such bank has paid or will be 
able to pay its shareholders in full. In case of the merger or 
consolidation of two or more member banks under the pro- 
visions of section fifty of said chapter one hundred and 
seventy, as so appearing, the unexpended portion as afore- 
said of the assessments paid by such banks into said fund shall 
be readjusted on the basis of the assessment liability of the 
continuing bank and the excess, if any, shall be repaid to it. 

Section 4. Whenever it shall appear to the commissioner 
that any member bank is in an unsound or unsafe condition 
to transact the business for which it is organized, or that it is 
unsafe and inexpedient for it to continue to transact such 
business, he may so certify to the corporation, and upon 
receipt of such certificate the corporation shall, by notice in 
writing to the commissioner and to the bank, take possession 
and control forthwith of the property and business of such 
bank and shall operate such bank subject to such rules and 
regulations as the commissioner may impose until the bank 
shall resume business or until its affairs shall finally be 
liquidated. The corporation may, while thus carrying on 
such business, pay to such bank out of the Share Insurance 
Fund such sums as the corporation's directors deem neces- 
sary for the protection of the bank's shareholders, and may 
order the same to be repaid when no longer required for that 
purpose, or may purchase assets from said bank to effect the 
purposes of this act on such terms and conditions and at such 
valuations as the directors, with the approval of the com- 
missioner, may determine. 

Section 5. At any time after the corporation has taken 
over the control, possession and operation of any member 
bank as provided in section four, it may with the approval 
of the commissioner turn back the control, possession and 
operation thereof to such member bank which may resume 
business free from any control by the corporation acquired 
under section four, subject to such conditions as the commis- 
sioner may approve. The corporation shall not thus turn 
back the control, possession and operation of any bank until 



of banks in 
possession. 



Acts, 1934. — Chap. 73. 63 

there has been repaid into the Share Insurance Fund all 
sums paid out by it from such fund to such bank or its share- 
holders or until it has received security for such repayment 
satisfactory to the directors of the corporation. 

Section 6. The corporation, with the approval of the Liquidation 
commissioner, may and at the request of the commissioner 
shall, at any time after it has taken over the control, posses- 
sion and operation of any member bank under section four, 
discontinue the business of such bank and proceed to liqui- 
date its affairs. The corporation shall in such evetit pay to 
the shareholders of such bank the full amount of their shares 
at the date of the discontinuance of the business of the bank 
with interest from the last dividend date to the date of dis- 
continuance at such rate, not exceeding three per cent per 
annum, as the directors of the corporation shall determine, 
such payments to be made within five years from such dis- 
continuance and at such times and in such instalments as the 
said directors with the approval of the commissioner shall 
determine. For such purpose the corporation shall use, in 
addition to the assets of the bank, such sums as may be 
required from the Share Insurance Fund. In case of liquida- 
tion the corporation shall be subject to such orders, rules and 
regulations as may be prescribed from time to time by the 
commissioner. The corporation shall colfect all debts due 
and claims belonging to such bank, and with the approval of 
the commissioner may sell or compound all bad or doubtful 
debts, and with like approval may sell all or any part of the 
real or personal property of the bank on such terms as the 
commissioner may approve. To execute and perform the 
powers and duties conferred upon the corporation, it may in 
the name of any such bank prosecute and defend all suits and 
other legal proceedings and may in the name of the bank 
execute, acknowledge and deliver all deeds, assignments, 
leases and other instruments necessary and proper to effectu- 
ate any sale of real or personal property or any compromise 
approved by the commissioner, and any deed or other instru- 
ment executed pursuant to the authority hereby given shall 
be valid and effectual for all purposes to the same extent as 
though executed by the officers of the bank by authority of 
its board of directors. The compensation of employees, 
counsel, and other assistants employed by the directors of 
the corporation to liquidate the affairs of any member bank 
under this section, and all expenses incurred in connection 
with the liquidation of any such bank, shall be fixed, subject 
to the control of the commissioner, by the directors of the 
corporation. The officers of the corporation and any other 
persons employed by its directors to liquidate the affairs 
of any member bank under this section shall give bond to the 
directors of the corporation for the faithful performance of 
their duties in relation to such liquidation in such amount 
and with such surety or sureties as the commissioner may 
approve. The persons appointed for the purpose of liquidating 
the affairs of any such bank shall be subject to all the penal- 



64 



Acts, 1934. — Chap. 74. 



Corporation in 
control to have 
powers, etc. 



Rules and 
regulations. 



Dissolution 
of fund. 



Certain laws 
not to apply. 



ties to which agents appointed by the commissioner for the 
purpose of Hquidating the affairs of a bank are now or may 
hereafter be subject. All accounts for which no claimant can 
be found after six years following the discontinuance of the 
business of any such bank shall, if no other provisions to care 
for said claim have been made, be turned over to the state 
treasurer and be held by him subject to be reclaimed in the 
manner provided in section forty-three of chapter one hun- 
dred and sixty-eight of the General Laws. 

Section 7. For the purpose of carrying out the provisions 
of this act the corporation may exercise all the powers, rights 
and franchises of any bank the control, possession and opera- 
tion of which has been taken over by it under this act. 

Section 8. The directors of the corporation may make 
such rules and regulations, subject to the approval of the 
commissioner, as they may deem necessary in order to carry 
out the provisions of this act, and for such purposes the com- 
missioner may confer and advise with the directors and fur- 
nish them such information as they request. 

Section 9. Upon the enactment of any legislation by the 
general court authorizing co-operative banks to join in any 
federal plan of guaranty of shares, the corporation may, by a 
vote of four fifths of all the members of the corporation at a 
meeting duly called and held for this special purpose, dissolve 
the fund prior to the termination of the life of the corporation 
as provided in section one of said chapter forty-five; and, if 
it be so voted to dissolve, the corporation shall proceed to 
liquidate the Share Insurance Fund and to distribute the 
proceeds to the member banks as speedily as may be. It 
may also, in the same manner and by a similar vote, dissolve 
and liquidate such fund prior to such termination whenever 
it shall determine that the fund is no longer needed for the 
protection of the shareholders in the member co-operative 
banks. Upon any such dissolution and liquidation, and upon 
the termination as aforesaid of the life of the corporation, the 
corporation shall proceed to distribute the proceeds of the 
fund, after the payment of all expenses and obligations of the 
fund, to the member banks in proportion to the assessments 
paid by them thereinto. 

Section 10. During such time as the Share Insurance 
Fund is insuring the shares in any member bank under the 
provisions of this act, sections twenty-two to thirty-six, 
inclusive, of chapter one hundred and sixty-seven of the 
General Laws shall not, except as herein provided, apply to 
such member bank. Approved March 9, 1934. 



Chap. 74 



Emergency 
preamble. 



An Act increasing temporarily the amount of wages 
exempt from attachment by trustee process on 
claims for necessaries furnished to a defendant or 
to his family. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 



Acts, 1934. — Chap. 75. 65 

emergency law, necessary for the immediate preservation of 
the pubHc convenience. 

Be it enacted, etc., as follows: 

Section 1. If wages for personal labor and services of a 
defendant are attached by trustee process on a claim for 
necessaries furnished to him or to his family and the writ 
contains a statement to that effect, an amount not exceeding 
fifteen dollars shall be reserved in the hands of the trustee and 
shall be exempt from such attachment, the provisions of sec- 
tion twenty-eight of chapter two hundred and forty-six of 
the General Laws to the contrary notwithstanding. 

Section 2. This act shall apply only to attachments by 
trustee process made within two years from its effective date. 

Approved March 9, 1934. 



An Act providing for the election by the inhabitants of 
the town of hingham of trustees of a certain public 
trust and authorizing said town to appropriate 
money for the purposes of said trust. 

Be it enacted, etc., as follows. 

Section 1. The inhabitants of the town of Hingham 
may, at a town meeting, elect for indeterminate tenure a 
board of three trustees and, as vacancies occur in said board, 
may in like manner elect succeeding trustees for like tenure, 
such trustees, to hold title to, and manage and improve as a 
park, bathing beach or playground for the benefit of the in- 
habitants of said town, but subject to the restrictions set 
forth in the deed hereinafter described, the land in said town, 
with the buildings thereon, now or heretofore held by the 
corporation known as Hingham Village Improvement Society, 
Incorporated (which was dissolved by chapter one hundred 
and forty-eight of the acts of nineteen hundred and thirty- 
three), under deed of Louis C. Cornish to it, said deed being 
dated November twenty-first, nineteen hundred and sixteen, 
and filed with Plymouth county registry district of the land 
court as document nine hundred and thirty-six, and providing 
that upon the dissolution of said corporation such real estate 
should be conveyed to such trustees and be held, managed 
and improved by them as aforesaid. 

Section 2. Such trustees shall, in the performance of 
their trust, be in all respects officers of said town as fully as 
though their powers and duties were prescribed by statute; 
and said town may from time to time appropriate money to 
be expended by said trustees for any purpose permitted by 
said trust deed, including the erection of buildings on said 
land. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1934. 



Chap. 75 



66 Acts, 1934. — Chaps. 76, 77. 



Chap. 76 An Act subjecting the offices of janitors of certain 

MUNICIPAL BUILDINGS IN THE TOWN OF METHUEN TO THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. Upon the date of passage of this act, the 
offices of janitors of municipal buildings in the town of 
Methuen not then subject to the civil service laws and rules 
and regulations shall become subject thereto, and the tenure 
of office of the incumbents thereof shall be unlimited, except 
that they may be removed in accordance with such laws and 
rules and regulations; but the persons holding said offices on 
said date may continue therein without taking a civil service 
examination. 

Section 2. This act shall take effect upon its passage. 

Approved March 9, 1934. 

Chlip. 77 ^^ ^^^ ^^ PROVIDE FOR revocation OF LICENSES GRANTED 
TO TRANSIENT VENDORS AND RELATIVE TO RETURNS OF 
CERTAIN CONVICTIONS TO THE DIRECTOR OF STANDARDS. 

Be it enacted, etc., as follows: 

FdY 10^" Section thirty of chapter one hundred and one of the 

§':io,' ' General Laws, as appearing in the Tercentenary Edition 
nnie.Kipd. thcrcof, is hereby amended by striking out, in the first and 

second fines, the words "to a hawker or pedler" and inserting 
in place thereof the words: — under this chapter, — and by 
striking out, in the eleventh line, the words ", relative to 
Licenses of hawkcrs and pedlers", — so as to read as follows: — Section 
I'emulrs'etc.. ^^- -^^^^y liccuse granted by the director under this chapter 
ivvncntion of. may bc revoked by him upon conviction of the ficensee of any 
crime which in the judgment of the director warrants such 
revocation, or upon the submission to the director of evidence 
satisfactory to him that, during the term of the license, the 
licensee has accepted or solicited money otherwise than 
through the bona fide sale or barter of goods, wares or mer- 
chandise or has violated any provision of section ten A of 
chapter two hundred and sixty-four, or has in any manner 
begged or solicited alms from the pubHc, or for any other 
sufficient cause. Whenever any person is convicted of a 
violation of any provision of this chapter, or a person holding 
such a license is convicted of any crime, the clerk of the 
court in which, or the trial justice by whom, such person was 
convicted shall notify the director. 

Approved March 9, 1934. 



Acts, 1934. — Chaps. 78, 79. 67 



An Act relative to contracts for supplying hospital Chap. 78 

FACILITIES TO PERSONS SUFFERING FROM TUBERCULOSIS IN 
THE TUBERCULOSIS HOSPITAL DISTRICT COMPRISING CHELSEA, 
REVERE AND WINTHROP. 

Be it enacted, etc., as follows: 

Section 1. From and after June thirtieth, nineteen 
hundred and thirty-four, the department of pubHc health 
may arrange for the admission, care and treatment, for such 
periods as it may from time to time determine, at any in- 
stitution within the commonwealth, approved by the de- 
partment, of persons suffering from pulmonary tuberculosis 
who are residents of any of the municipalities comprising the 
tuberculosis hospital district of Chelsea, Revere and Win- 
throp, and such arrangements shall be deemed to be satis- 
factory compliance with the provisions of sections seventy- 
eight to ninety, inclusive, of chapter one hundred and eleven 
of the General Laws, requiring adequate hospital care for 
such persons; provided, that arrangements made hereunder 
shall not be discontinued except after one year's written 
notice by the department to said district. 

Section 2. The provisions of sections eighty-eight and 
ninety of said chapter one hundred and eleven shall apply to 
all persons admitted to any institution under authority of 
section one, except that the application for any such admis- 
sion shall be made or approved by the board of health of the 
city or town in which such person resides, and that the 
charge for the support of any such person shall in the first 
instance be paid by the trustees of said hospital district. 
The said trustees may provide sums necessary to carry out 
the provisions of section one, by borrowing the same on the 
credit of the district, and issue therefor notes of the district, 
payable in not more than eighteen months from their re- 
spective dates of issue, from the reimbursements received 
from the municipalities of the district as hereinafter provided. 
They shall annually in January determine the total amount 
already expended or due from the district under section one 
during the previous year, and shall apportion the same to 
and may collect the same from the several municipalities 
liable in like manner as the cost of maintenance of hospitals 
is apportioned and collected under section eighty-five of 
said chapter one hundred and eleven, and the same shall be 
applied to the payment of the temporary debt incurred by 
said district. Approved March 9, 1934. 

An Act further modifying the requirements for making Chap. 79 

CERTAIN railroad BONDS LEGAL INVESTMENTS FOR SAV- 
INGS BANKS, INSTITUTIONS FOR SAVINGS AND TRUST COM- 
PANIES IN THEIR SAVINGS DEPARTMENTS. 

Whei'eas, The deferred operation of this act would tend to Emergency 
defeat its purpose, therefore it is hereby declared to be an ^"^^''"^ ^' 



68 



Acts, 1934. — Chap. 80. 



amended. 



Temporary 
act relative to 
legal invest- 
ments for 
savings banks, 
etc. 



emergency law, necessary for the immediate preservation of 
the pubHc convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and eleven of the acts of nineteen 
hundred and thirty-three is hereby amended by striking out, 
in the fifth line, the words "and nineteen hundred and thirty- 
two" and inserting in place thereof the words: — , nineteen 
hundred and thirty-two and nineteen hundred and thirty- 
three or any one or more of them, — by striking out, in the 
sixth and seventh lines, the words "of such years or either 
of them" and inserting in place thereof the word: — thereof, 
— by striking out, in the twelfth, fifteenth, eighteenth and 
nineteenth lines, the word "thirty-four" and inserting in 
place thereof, in each instance, the word : — thirty-five, — 
and by striking out, in the nineteenth line, the word "or" 
the last time it appears in said line, and inserting in place 
thereof the word : — of, — so as to read as follows : — Wher- 
ever in clauses third and sixteenth of section fifty-four of 
chapter one hundred and sixty-eight of the General Laws a 
number of fiscal years is mentioned, the fiscal years beginning 
in the years nineteen hundred and thirty-one, nineteen hun- 
dred and thirty-two and nineteen hundred and thirty-three 
or any one or more of them shall be excluded from the count 
if the inclusion thereof would render the security of any rail- 
road ineligible for investment, and all railroad securities 
which were eligible for investment by savings banks on Janu- 
ary first, nineteen hundred and thirty-one, or have become 
eligible for such investment since that date or shall hereafter, 
prior to April first, nineteen hundred and thirty-five, become 
eligible for such investment, shall continue to be eligible for 
such investment until April first, nineteen hundred and 
thirty-five; provided, however, that the securities of a rail- 
road company which has defaulted during the year nineteen 
hundred and thirty-one or which shall have defaulted prior 
to April first, nineteen hundred and thirty-five, in the pay- 
ment of matured principal or interest of any of its mortgage 
or funded indebtedness shall not be eligible for such invest- 
ment. Approved March IS, 1934. 



Chap. 80 ^^ ^CT AUTHORIZING THE TOWN OF NATICK TO BUILD A DAM 
ACROSS THE CHARLES RIVER AT SOUTH NATICK AND APPRO- 
PRIATE AND BORROW MONEY FOR THE SAME, 

Be it enacted, etc., as follows: 

Section 1. The town of Natick is hereby authorized to 
build, and thereafter to maintain, a dam and appurtenant 
structures across the Charles river at South Natick at or 
near the site of the former dam and of any height not higher 
than said former dam and to acquire by eminent domain 
under chapter seventy-nine of the General Laws, or by pur- 
chase or otherwise, such property rights as may assure it the 



Acts, 1934. — Chaps. 81, 82. 69 

right to build and permanently to maintain said new dam, 
and is hereby authorized to appropriate money for any and 
all such purposes; provided, that nothing herein contained 
shall authorize the drawing of water below the level of the 
top of said new dam during the months of June, July, August 
and September in any year except for the purpose of making 
needed repairs thereto, all as provided in respect of said 
former dam, by chapter five hundred and twenty-nine of the 
acts of nineteen hundred and one, as amended by chapter two 
hundred and seventeen of the acts of nineteenhundred and two. 

Section 2. For the purpose of meeting expenditures 
authorized under this act, the said town may borrow, from 
time to time within a period of five years from the passage of 
this act, such sums as may be necessary, not exceeding, in 
the aggregate, thirty-five thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Natick Charles River Dam Loan, Act of 1934, Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than five years from their 
dates. Indebtedness incurred by said town under this act 
shall be in excess of the statutory limit but shall, except as 
herein provided, be subject to chapter forty-four of the 
General Laws. 

Section 3. This act shall take effect upon its passage. 

Approved March 13, 1934- 

An Act authorizing the town of nantucket to appro- (JJiqj) g] 

PRIATE money to PROVIDE FACILITIES FOR HOLDING IN 
SAID TOWN DURING THE CURRENT YEAR THE STATE CON- 
VENTION OF THE UNITED SPANISH WAR VETERANS. 

Be it enacted, etc., as follows: 

Section 1. The town of Nantucket may appropriate a 
sum, not exceeding three thousand dollars, for the purpose of 
providing proper facilities for public entertainment at the 
time of the state convention of the United Spanish War 
Veterans, to be held in said town during the current year, and 
of paying expenses incidental to such entertainment. Money 
so appropriated shall be expended under the direction of the 
selectmen of said town. 

Section 2. This act shall take effect upon its passage. 

Approved March 13, 1934- 

An Act extending the time during which the millville (Jfiaj) §2 

MUNICIPAL finance COMMISSION MAY REQUEST THE COUNTY 
COMMISSIONERS OF WORCESTER COUNTY TO APPORTION THE 
OUTSTANDING ASSESSMENT ON ACCOUNT OF THE WORCESTER 
COUNTY TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter three hundred and 
forty-one of the acts of nineteen hundred and thirty-three is 
hereby amended by striking out, in the tenth and eleventh 



70 Acts, 1934. — Chap. 83. 

lines, the words "fifteenth in the current year" and inserting 
in place thereof the following : — first, nineteen hundred and 
thirty-four, — so as to read as follows : — Section 3. The 
commission may file with the county commissioners of Wor- 
cester county a request that the outstanding assessment on 
account of the Worcester County Tuberculosis hospital be 
apportioned over a period not to exceed fifteen years and the 
county commissioners may borrow on the credit of the 
county to fund the temporary loan now outstanding, as 
provided in chapter one hundred and eleven of the acts of 
nineteen hundred and thirty-two. Such request, if filed with 
said county commissioners on or before August first, nineteen 
hundred and thirty-four, shall have the same effect as a like 
vote of the town under section two of said chapter one hun- 
dred and eleven would have had if filed with said county 
commissioners within the time limited therein. 
Section 2. This act shall take effect upon its passage. 

Approved March 18, 1934. 



('hap. 83 An Act removing unnecessary restrictions on the 

GRANTING OF LICENSES FOR THE SALE OF ALCOHOLIC BEVER- 
AGES in CERTAIN CITIES AND TOWNS. 

lomergency Whereas, The deferred operation of this act would defeat 

preamble. j^^ purposc, therefore it is hereby declared to be an emergency 

law, necessary for the immediate preservation of the public 

convenience. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scctiou Seventeen of chapter one hundred and thirty-eight 

F.iL), 138, q£ ^YiQ General Laws, as appearing in section two of chapter 
aiTipmipd. three hundred and seventy-six of the acts of nineteen hundred 

and thirty-three, is hereby amended by striking out the last 
paragraph and inserting in place thereof the following : — 
Ke.Moviii of In order that there may be an adequate number of taverns 

rehiti've to^ prior to Jauuary first, nineteen hundred and thirty-five, 
Ir^lTs where authorized, not more than seventy-five per cent of the 

maximum number of licenses under sections twelve and 
fifteen prescribed for any city or town, except Boston, and 
not more than seventy per cent of the maximum number of 
licenses under section twelve prescribed for the city of Boston, 
shall be granted therein prior to April sixteenth, nineteen 
hundred and thirty-four, in case the question of granting 
tavern licenses has not been submitted to the voters of such 
city or town under section eleven A, or, if such question has 
been so submitted, prior to the final determination of the vote 
in any city or town which votes under said section eleven A 
against the granting of such licenses or prior to the expiration 
of thirty days after the election in any city or town which 
votes in favor of granting such licenses. The foregoing re- 
strictions shall not apply to towns having a population of one 
thousand or less. Approved March 13, 1934- 



Acts, 1934. — Chaps. 84, 85. 



71 



An Act relative to the reinstatement in the classified Chap. 

CIVIL SERVICE OF CERTAIN MUNICIPAL OFFICERS AND 
EMPLOYEES. 



84 



Be it enacted, etc., as follows: 

Section forty-six C of chapter thirty-one of the General 
Laws, inserted by chapter three hundred and twenty of the 
acts of nineteen hundred and thirty-three, is hereby amended 
by striking out all after the word "him" in the tenth line,— 
so as to read as follows : — Section 46C. An officer or employee 
of a city or town who has become separated from the classified 
civil service by suspension, discharge or for any other cause 
except inability to work on account of sickness shall, within 
thirty days after the filing of a written request by the ap- 
pointing officer, be entitled to a hearing before the commis- 
sioner. Upon good cause shown the commissioner may au- 
thorize his reinstatement in the same position or in a position 
in the same class and grade as that formerly held by him. 

Approved March 13, 1934. 



G. L. (Te 
Ed.), 31, 
§ 46 C, 
amended. 



Rein.stateii 
of certain 
municipal 
officers, etc 



An Act relative to the disposal of the proceeds of 
sales of lots or burial rights in cemeteries. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-five of chapter one hundred 
and fourteen of the General Laws, as appearing in the Ter- 
centenary Edition thereof, is hereby amended by striking 
out after the word "and" in the tenth line the words "shall 
be subject to said orders", and inserting in place thereof the 
words : — be appropriated to reimburse the town for the cost 
of the land, its care, improvement and embellishment, or the 
enlargement of the cemetery, — so as to read as follows : — 
Section 25. A town in which cemetery commissioners are 
chosen may receive gifts or bequests for maintaining ceme- 
teries or cemetery lots, which shall be paid into the town 
treasury and, with the accounts thereof, shall be kept separate 
from the other money and accounts of said town. The town 
treasurer shall invest all such funds in accordance with the 
stipulations, if any, accompanying them; otherwise he shall 
invest them as ordered by the selectmen and said commis- 
sioners and pay the income therefrom upon their order or 
with their approval. The proceeds of sales of lots or rights 
of burial in such cemeteries shall be paid into the town 
treasury and be appropriated to reimburse the town for the 
cost of the land, its care, improvement and embellishment, 
or the enlargement of the cemetery. 

Section 2. This act shall not become effective in any city 
or town until after the expiration of the current financial 
year thereof. Approved March 13, 193 4. 



Chap. 85 



G. L. (Ter. 
Ed.), 114, 

§ 25, 
amended. 



Cemeteriex, 
sale of lots ill. 



Effective date. 



72 Acts, 1934. — Chaps. 86, 87. 



Chap. 86 An Act subjecting to the civil service laws certain 

PERSONS EMPLOYED BY THE POLICE COMMISSIONER FOR THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-one of the 
acts of nineteen hundred and six is hereby amended by 
striking out section eight, as most recently amended by 
chapter eight of the acts of nineteen hundred and twenty, 
and inserting in place thereof the following : — Section 8. 
The annual salary of the police commissioner shall be eight 
thousand dollars, and of the secretary an amount which shall 
be fixed by the police commissioner with the approval of the 
governor and council, which shall be paid in monthly instal- 
ments by the city of Boston. Subject to the approval of the 
governor and council, the police commissioner shall be pro- 
vided with such rooms, which shall be suitably furnished, as 
shall be convenient and suitable for the performance of his 
duties, the expense of which shall be paid by the city of 
Boston. 

The city of Boston shall provide all such accommodations 
for the police of said city as said police commissioner may 
require. All buildings and property used by said police shall 
be under control of said police commissioner. 

Said police commissioner may employ such clerks, sten- 
ographers and other employees as he may deem necessary 
for the proper performance of the duties of his office. All 
persons employed under this section shall be subject to 
chapter thirty-one of the General Laws. 

All expenses for the maintenance of buildings, the pay of 
the police, clerks, stenographers and other employees, and 
all incidental expenses incurred in the performance of the 
duties of said commissioner or in the administration of said 
police shall be paid by the city of Boston upon the requisition 
of said police commissioner. 

Section 2. Persons holding ofiice under section one on 
the effective date of this act shall become classified under 
chapter thirty-one of the General Laws without taking a 
civil service examination. 

Section 3. This act shall take effect upon its passage. 

Approved March 14, 1934. 



Chap. 87 An Act authorizing the county of dukes county to 

RECEIVE, HOLD AND MANAGE "tHE JAMES P.CAHEN MEDICAL 

fund". 

Be it enacted, etc., as follows: 

Section 1. The county of Dukes County, by its county 
commissioners, may receive, hold and manage a fund, to be 
known as "The James P. Cahen Medical Fund", estabfished 
for the purpose of providing free medical and surgical aid for 



Acts, 1934. — Chap. 88. 73 

residents of the said county by an indenture executed by 
James P. Cahen of the city, county and state of New York 
and by the said county commissioners, dated September 
twenty-ninth, nineteen hundred and twenty-three. The said 
county commissioners shall exercise said powers in con- 
formity with the terms of said indenture. The moneys in 
said fund shall be placed at interest in savings banks, co- 
operative banks or trust companies incorporated under the 
laws of the commonwealth, or in savings departments of 
national banks, or invested in securities which are legal in- 
vestments for savings banks. The county treasurer of said 
county of Dukes County shall be the custodian of such fund 
and securities, and shall invest and reinvest the same and 
expend therefrom moneys as directed by the said county 
commissioners under the terms of said indenture. All action 
taken by said county commissioners and said county treas- 
urer, relative to said fund on and after September twenty- 
ninth, nineteen hundred and twenty-three, not inconsistent 
with the terms of said indenture and not otherwise contrary 
to law, is hereby validated and confirmed, to the same ex- 
tent as if this act had been in effect at the time of such action. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1934. 



An Act providing retirement allowances based on Chap. 

ANNUITY AND PENSION CONTRIBUTIONS FOR EMPLOYEES OF 
THE CITY OF MEDFORD. 

Be it enacted, etc., as follows: 

Section 1. The purpose of this act is to improve the 
efficiency of the public service of the city of Medford, here- 
inafter called the city, by the retirement of disabled or super- 
annuated employees. 

definitions. 

Section 2. The following words and phrases as used in 
this act, unless a different meaning is plainly required by 
the context, shall have the following meanings: — 

(1) ''Retirement system", the arrangement provided in 
this act for the retirement of, and payment of retirement 
allowances to, employees as defined in paragraph (2) of 
this section. 

(2) "Employee", any person who is regularly employed 
in the service of, and whose salary or compensation is paid 
by, the city, except employees who hold office by popular 
election, who are not members at the time of their election, 
and teachers in the public schools as defined by section six 
of chapter thirty-two of the General Laws. In all cases of 
doubt the retirement board shall decide who is an employee 
within the meaning of this act. 

(3) "Member", any employee included in the retirement 
system as provided in section four of this act. 



74 • Acts, 1934. — Chap. 88. 

(4) "Retirement board", the board provided in section 
fourteen of this act to administer the retirement system. 

(5) "Service", service as an employee as described in 
paragraph (2) of this section and paid for by the city of 
Medford. 

(6) "Prior service", service rendered prior to the date the 
retirement system becomes first operative, for which credit 
is allowable under the provisions of section five of this act, 

(7) "Membership service", service as an employee 
rendered since last becoming a member. 

(8) "Creditable service", "prior service" plus "member- 
ship service", for which credit is allowable as provided in 
section five of this act. 

(9) "Beneficiary", any person in receipt of a pension, an 
annuity, a retirement allowance or other benefit as provided 
by this act. 

(10) "Regular interest", interest at four per centum per 
annum, compounded annually; provided, that if the actual 
net interest earned on the reserves of the retirement system 
be less than four per centum, the rate may be reduced to not 
less than three per centum per annum after the retirement 
board has given the members ninety days' notice of a pro- 
posed reduction in rate; and provided, further, that such re- 
duction shall not affect any payments or credits made prior 
to the date of the change in rate. 

(11) "Accumulated deductions", the sum of all the 
amounts deducted from the compensation of a member and 
standing to his credit in the annuity savings fund, together 
with regular interest thereon. 

(12) "Annuity", annual payments for life derived from 
the accumulated deductions of a member. All annuities 
shall be paid in monthly instalments. 

(13) "Pension", annual payments for life derived from 
contributions made by the city. All pensions shall be paid 
in monthly instalments. 

(14) "Retirement allowance", the sum of the "annuity" 
and the "pension". 

(15) "Regular compensation", the annual compensation 
determined by the head of the department for the individual 
service of each employee in that department and the com- 
pensation determined by duly constituted authority for ap- 
pointed officers of the city, exclusive of bonus or overtime 
payments. 

(16) "Annuity reserve", the present value of all payments 
to be made on account of any annuity or benefit in lieu of any 
annuity computed upon the basis of such mortality tables 
as shall be adopted by the retirement board and regular 
interest. 

(17) "Pension reserve", the present value of all payments 
to be made on account of any pension or benefit in lieu of any 
pension computed upon the basis of such mortality tables as 
shall be adopted by the retirement board and regular interest. 

(18) "Actuarial equivalent", a benefit of equal value 



Acts, 1934. — Chap. 88. 75 

when computed upon the basis of such mortaUty tables as 
shall be approved by the retirement board and regular 
interest. 

NAME AND DATE SYSTEM IS FIRST OPERATIVE. 

Section 3. A retirement system is hereby established 
and placed under the management of the retirement board 
for the purpose of providing retirement allowances under the 
provisions of this act for employees of, or employees paid by, 
the city. The retirement system so created shall have the 
powers and privileges of a corporation and shall be known 
as the "Medford Retirement System", and by such name all 
of its business shall be transacted, all of its funds invested, 
all warrants for money drawn and payments made, and all 
of its cash and securities and other property held. The re- 
tirement system so created shall begin operation upon the 
first day of January, nineteen hundred and thirty-five. 

MEMBERSHIP. 

Section 4. (1) The membership of the retirement sys- 
tem shall be constituted as follows: — 

(o) All persons who become employees and, except as 
otherwise provided in the last sentence of subsection (2) of 
section nine, all employees who enter or re-enter the service 
of the city on or after the date the retirement system becomes 
operative may become members of the retirement sj'stem on 
their own application, and all such employees who shall com- 
plete one year of service thereafter and disability beneficiaries 
restored to active service to whom the provisions of subsec- 
tion (3) of said section nine apply shall become members of 
the retirement system, and after becoming members as 
above provided shall receive no pension or retirement allow- 
ance from any other pension or retirement system supported 
wholly or in part by the city, nor shall they be required to 
make contributions to any other pension or retirement sys- 
tem of the city, anything to the contrary in this or any other 
special or general law notwithstanding. 

(6) All persons who are employees on the date when this 
retirement system becomes operative and who are not then 
covered by any other pension or retirement law of the com- 
monwealth shall become members as of the first day this 
retirement system becomes operative, unless on or before a 
date not more than sixty days thereafter, to be set by the 
retirement board, any such employee shall file with the re- 
tirement board on a form prescribed by the board a notice of 
his election not to be covered in the membership of the sys- 
tem and a duly executed waiver of all present and prospective 
benefits which would otherwise inure to him on account of 
his participation in the retirement system. 

(c) An employee who is covered by any other pension or 
retirement law of the commonwealth, including a special 
law accepted by, and applicable to employees of, the city on 



76 Acts, 1934. — Chap. 88. 

the date when this retirement system becomes operative 
shall not be considered to have become a member of this re- 
tirement system unless said employee shall then or thereafter 
make written application to join this system and shall 
therein waive and renounce all benefits of any other pension 
or retirement system supported wholly by the city, but no 
such employee shall receive credit for prior service unless he 
make such application for membership within one year from 
the date this retirement system becomes operative. 

(2) An employee whose membership in the retirement 
system is contingent on his own election and who elects not 
to become a member may thereafter apply for and be ad- 
mitted to membership; but no such employee shall receive 
prior service credit unless he becomes a member within one 
year from the date this retirement system becomes operative. 

(3) The retirement board may deny the right to become 
members to any class of officials appointed for fixed terms, 
or to any class of part-time employees, or it may, in its dis- 
cretion, make optional with persons in any such class their 
individual entrance into membership. 

(4) It shall be the duty of the head of each department 
to submit to the retirement board a statement showing the 
name, title, compensation, duties, date of birth and length of 
service of each member of his department, and such informa- 
tion regarding other employees therein as the retirement 
board may require. The retirement board shall then place 
each member in one of the following groups: — 

Group 1 . — General employees, including clerical, ad- 
ministrative and technical workers, laborers, mechanics and 
all others not otherwise classified; 

Group 2. — Members of the police department and the 
fire department of the city; 

Or in any other group of not less than two hundred and 
fifty persons which may be hereafter recommended by the 
actuary on the basis of service and mortality experience, and 
approved by the retirement board to cover all or part of any 
group or groups previously created or any additional classes 
of employees. When the duties of a member so require, the 
retirement board may reclassify him in and transfer him to 
another group. 

(5) Should any member in any period of six consecutive 
years after last becoming a member be absent from service 
more than five years, or should any member withdraw his 
accumulated deductions or become a beneficiary hereunder 
or die, he shall thereupon cease to be a member. 



CREDITABLE SERVICE. 

Section 5. (1) Under such rules and regulations as the 
retirement board shall adopt, each person becoming a mem- 
ber within one year from the date he first becomes eligible to 
membership who was in service at the time the system became 
operative, or who re-entered the service within five years after 



Acts, 1934. — Chap. 88. 77 

rendering service prior to the time the system became opera- 
tive shall file a detailed statement of all service as an em- 
ployee rendered by him prior to the day on which the system 
first became operative for which he claims credit, and of such 
facts as the retirement board may require for the proper 
operation of the system. 

(2) The retirement board shall fix and determine by ap- 
propriate rules and regulations how much service in any year 
is equivalent to a year of service, but in no case shall more 
than one year of service be creditable for all service in one 
calendar year, nor shall the retirement board allow credit as 
service for any period of more than one month's duration 
during which the employee was absent without pay. 

(3) Subject to the above restrictions and to such other 
rules and regulations as the retirement board may adopt, the 
retirement board shall verify, as soon as practicable after the 
filing of such statements of service, the service therein 
claimed, and shall certify as creditable all or such part of the 
service claimed as may be allowable. 

In lieu of a determination of the actual compensation of 
the member that was received during such period of prior 
service, the retirement board shall use for the purposes of 
this act the compensation rates which, if they had progressed 
in accordance with the rates of salary increase shown in the 
tables as prescribed in paragraph (10) of section fourteen of 
this act, would have resulted in the same average salary of 
the member for the five years immediately preceding the 
date this system became operative as the records show the 
member actually received. 

(4) Upon verification of the statements of service the re- 
tirement board shall issue prior service certificates certifying 
to each member entitled to credit for prior service the length 
of service rendered prior to the date the retirement system 
first became operative, with which he is credited on the basis 
of his statement of service. So long as membership continues 
a prior service certificate shall for retirement purposes be 
final and conclusive as to such service; provided, that any 
member may, within one year from the date of issuance or 
modification of such certificate, request the retirement board 
to modify or correct his prior service certificate. 

When membership ceases such prior service certificates 
shall become void. Should the employee again become a 
member, such employee shall enter the system as an em- 
ployee not entitled to prior service credit except as provided 
in subsection three of section nine. 

(5) Creditable service at retirement shall consist of the 
membership service rendered by the member since he last 
became a member and also, if he has a prior service certificate 
which is in full force and effect, the amount of service cer- 
tified on his prior service certificate. 



78 Acts, 1934. — Chap. 88. 

SERVICE RETIREMENT. 

Conditions for Allowance. 

Section 6. (1) Any member in service who shall have 
attained age sixty shall, either upon his own written applica- 
tion or that of the head of his department, be retired for 
superannuation not less than thirty nor more than ninety 
days after the filing of such application. A member whose re- 
tirement is applied for by the head of his department shall be 
entitled to a notice of such application and to a hearing be- 
fore the retirement board, provided he requests such hearing 
in writing within ten days of the receipt of such notice; and 
unless the retirement board finds on hearing, that the mem- 
ber is able to properly perform his duties and files a copy of 
its findings with the head of his department, the retirement 
shall become effective thirty days from the time of the filing 
of such finding. 

Any member in service who shall have attained age seven- 
ty shall be retired for superannuation not less than thirty 
nor more than ninety days after attaining such age, or after 
this system becomes operative, if such age was attained prior 
thereto; provided, however, that an employee who has 
attained age seventy v/hen this act becomes operative may 
at his own request, with the approval of the retirement board 
be continued in the service for a period not to exceed two 
years. 

Amount of Allowance. 

(2) Upon retirement for superannuation a member of the 
retirement system shall receive a retirement allowance con- 
sisting of — 

(a) An annuity which shall be the actuarial equivalent of 
his accumulated deductions at the time of his retirement, and 

(6) A pension equal to the annuity allowable at age sixty, 
computed on the basis of contributions made prior to the 
attainment of age sixty, and 

(c) If he has a prior service certificate in full force and 
effect an additional pension which is the actuarial equivalent 
of twice the pension which would have been payable on 
account of the accumulated deductions which would have 
resulted from contributions made during the period of his 
creditable prior service rendered both before and after age 
sixty had the system then been in operation. 

The total pension of any member payable under the provi- 
sions of this section shall not, however, exceed one half of his 
average annual regular compensation during the five years 
immediately preceding his retirement, nor shall the total 
pension of any member who has fifteen or more years of total 
creditable service be less than an amount which, added to 
his annuity, shall make his total retirement allowance equal 
to four hundred and eighty dollars per annum. 



Acts, 1934. — Chap. 88. 79 

ORDINARY DISABILITY RETIREMENT. 

Conditions for Allowance. 

Section 7. (1) Upon the application of a member in 
service or of the head of his department, any member who 
has had twenty or more years of creditable service may be 
retired by the retirement board, not less than thirty and not 
more than ninety days next following the date of filing such 
application, on an ordinary disability retirement allowance; 
provided, that the city physician, after a medical examina- 
tion of such member, shall certify that such member is men- 
tally or physically incapacitated for the further performance 
of duty, that such incapacity is likely to be permanent and 
that such member should be retired. 

Amount of Allowance. 

(2) Upon retirement for ordinary disability a member 
shall receive a service retirement allowance if he has attained 
age sixty; otherwise he shall receive an ordinary disability 
retirement allowance consisting of — 

(a) An annuity which shall be the actuarial equivalent of 
his accumulated deductions at the time of his retirement, and 

(6) A pension of ninety per centum of the pension that 
would have been provided by the city for the member had he 
remained without further change of compensation in the 
service of the city until he reached age sixty and then retired. 

ACCIDENTAL DISABILITY RETIREMENT. 

Conditions for Allowance. 

Section 8. (1) Upon apphcation of a member in service, 
or of the head of his department, any member who has been 
totally and permanently incapacitated for duty as the natural 
and proximate result of an accident occurring in the perform- 
ance and within the scope of his duty at some definite time 
and place, without wilful negligence on his part, shall be 
retired not less than thirty nor more than ninety days follow- 
ing the date of filing of such application; provided, that the 
city physician, after an examination of such member, shall 
report that said member is physically or mentally incapaci- 
tated for the further performance of duty, that such inca- 
pacity is likely to be permanent, and that said member 
should be retired, and the retirement board shall concur in 
such report and find that the physical or mental incapacity is 
the natural and proximate result of such an accident and that 
such disability is not the result of wilful negligence on the 
part of said member and that said member should be retired. 

Amount of Allowance. 

(2) Upon retirement for accidental disability a member 
shall receive a service retirement allowance if he has attained 
age sixty; otherwise he shall receive an accidental disabilitj' 
retirement allowance consisting of — 



80 Acts, 1934. — Chap. 88. 

(a) An annuity which shall be the actuarial equivalent of 
his accumulated deductions at the time of his retirement, and 

(6) A pension equal to one half of the average rate of his 
regular annual compensation for the year immediately pre- 
ceding the date of the accident. 

RE-EXAMINATION OF BENEFICIARIES RETIRED 
ON ACCOUNT OF DISABILITY. 

Section 9. (1) Once each year during the first five years 
following retirement of a member on a disability retirement 
allowance, and once in every three-year period thereafter, 
the retirement board may, and upon his application shall, 
require any disability beneficiary who has not yet attained 
age sixty to undergo a medical examination by the city 
physician or a physician or physicians designated by the 
retirement board and approved by the mayor, such examina- 
tion to be made at the place of residence of said beneficiary 
or other place mutually agreed upon. Should any disability 
beneficiary who has not yet attained the age of sixty refuse 
to submit to at least one medical examination in any such 
period of one or three years, as the case may be, his allowance 
may be discontinued until his withdrawal of such refusal, 
and should his refusal continue for a year, all his rights in and 
to his pension shall be revoked by the retirement board. 

(2) Should such physician or physicians report and certify 
to the retirement board that such disability beneficiary is 
engaged in or is able to engage in a gainful occupation paying 
more than the difference between his retirement allowance 
and his final regular compensation, and should the retirement 
board concur in such report, then, the amount of his pension 
shall be reduced to an amount which, together with his 
annuity and the amount earnable by him, shall equal the 
amount of his final regular compensation. Should his earning 
capacity be later changed, the amount of his pension may be 
further modified; provided, that the new pension shall not 
exceed the amount of the pension originally granted nor shall 
it exceed an amount, which, when added to the amount 
earnable by the beneficiary together with his annuity, equals 
the amount of his final regular compensation. A beneficiary 
restored to active service at a salary less than the final regular 
compensation upon the basis of which he was retired shall not 
become a member of the retirement system. 

(3) Should a disability beneficiary be restored to active ser- 
vice at a compensation not less than his final regular compen- 
sation, his retirement allowance shall cease and he shall again 
become a member of the retirement system. Any prior service 
certificate and any membership service on the basis of which 
his service was computed at the time of his retirement shall 
be restored to full force and effect but upon his subsequent 
retirement he shall be entitled to his original pension and, in 
addition, to such pension as may have accrued to him as a 
new member on account of service after his return to service ; 
provided, that the total pension on his subsequent retirement 



Acts, 1934. — Chap. 88. 81 

shall not exceed the rate per centum of the pension he would 
have received had he remained in service during the period 
of his prior retirement. In addition he shall receive the an- 
nuity which is the actuarial equivalent of his accumulated 
deductions. 

RETURN OF ACCUMULATED DEDUCTIONS. 

Section 10. (1) Within sixty days after the filing with 
the retirement board of a request therefor, any mem.ber who 
shall have ceased to be an emploj^ee by resignation or dis- 
charge or for any reason other than death or retirement shall 
be paid the amount of his accumulated deductions. 

(2) Should a member die, his accumulated deductions 
shall be paid to his designated beneficiary, if living, otherwise 
to his legal representative; provided, that if the sum so due 
does not exceed three hundred dollars, and there has been no 
demand therefor by a duly appointed executor or adminis- 
trator, payment may be made, after the expiration of three 
months from the date of death of such member, to the persons 
appearing, in the judgment of the retirement board, to be 
entitled thereto, and such payment shall be a bar to recovery 
by any other person. 

ACCIDENTAL DEATH BENEFIT. 

Section 11. If, upon receipt by the retirement board of 
proper proofs of the death of a member, the retirement board 
shall decide that such death was the natural and proximate 
result of an accident occurring not more than one year prior 
to the date of death at some definite time and place while the 
member was in actual performance and within the scope of 
his duty, and not the result of wilful negligence on his part, 
and if the deceased member is survived by any of the depend- 
ents enumerated below, there shall be paid, in addition to 
accumulated deductions under subsection (2) of section ten, 
an accidental death benefit consisting of a pension equal to 
one half the average regular annual compensation received 
by the deceased member for the year preceding the date of the 
accident, said pension to be paid — 

(a) To the surviving husband or wife of the deceased 
member so long as he or she lives and remains unmarried; or 

(6) If there be no surviving husband or wife or if the sur- 
viving husband or wife dies or remarries before every child of 
such deceased member shall have attained the age of eighteen 
years, then to his child or children under such age, divided in 
such manner as the retirement board in its discretion shall 
determine to continue as a joint and survivor pension until 
every such child dies or attains the age of eighteen years; or 

(c) If there be no husband or wife or child under the age of 
eighteen years surviving such deceased member, then to 
either his or her dependent father or dependent mother, as 
the retirement board in its discretion shall determine, to 
continue for life or until remarriage. 



82 Acts, 1934. — Chap. 88. 



OPTIONAL BENEFITS. 

Section 12. Subject to the provisions that no optional 
selection shall be effective in case a beneficiary dies within 
thirty days after retirement, and that such a beneficiary shall 
be considered as an active member at the time of death, until 
the first payment on account of any retirement allowance is 
made, the member, or if he be an incompetent then his wife, 
or if he have no wife, his conservator or guardian, may elect 
to convert the retirement allowance otherwise provided for 
in this system into a lesser retirement allowance of equivalent 
actuarial value payable throughout his life, with the provision 
that — 

Option 1 . — If he die before he has received in payments of 
his annuity the present value of his annuity as it was at the 
time of his retirement, the balance shall be paid to his legal 
representative or to such person having an insurable interest 
in his life as he, or if he be an incompetent then his wife, or if 
he have no wife, his conservator or guardian, shall have 
nominated by written designation duly acknowledged and 
filed with the retirement board; or 

Option 2. — Upon his death, his lesser retirement allowance 
shall be continued throughout the life of and paid to such per- 
son having an insurable interest in his life as he, or if he be an 
incompetent then his wife, or if he have no wife, his conserva- 
tor or guardian, shall have nominated by written designation 
duly acknowledged and filed with the retirement board at the 
time of his retirement; or 

Option 3. — Upon his death, one half his lesser retirement 
allowance shall be continued throughout the life of and paid 
to such person having an insurable interest in his life as he, 
or if he be an incompetent then his wife, or if he have no wife, 
his conservator or guardian, shall have nominated by written 
designation, duly acknowledged and filed with the retirement 
board at the time of his retirement. 



COMPENSATION BENEFITS OFFSET. 

Section 13. Any amounts paid or payable by the city 
under the provisions of the workmen's compensation law to a 
member or to the dependents of a member on account of 
death or disability shall be offset against and payable in lieu 
of any benefits payable out of funds provided by the city 
under the provisions of this act on account of the death or 
disability of a member. If the value of the total commuted 
benefits under the workmen's compensation law is less than 
the reserve on the pension otherwise payable under this act, 
the value of such commuted payments shall be deducted 
from such pension reserve and such benefits as may be pro- 
vided by the pension reserve so reduced shall be payable 
under the provisions of this act. 



Acts, 1934. — Chap. 88. 83 

ADMINISTRATION. 

Section 14. (1) The management of the retirement sys- 
tem is hereby vested in a retirement board, the membership 
of which shall be constituted as follows: — 

(a) The auditor of the city for the time being, 

(b) One person to be appointed by the mayor of the city, 
subjected to confirmation by the board of aldermen, who shall 
serve for a term of three years commencing on the date when 
the retirement system becomes first operative and until the 
qualification of his successor, and 

(c) One person who shall be a member of the retirement 
system and who shall be appointed by the mayor of the city 
subject to such confirmation, to serve for a term of one year 
commencing on the date when the retirement system becomes 
first operative and until the qualification of his successor. 

(2) As the terms of the appointed members expire, their 
successors shall be appointed for terms of three years each 
and until the qualification of their successors. On a vacancy 
occurring in the appointed membership of the retirement 
board, for any cause other than the expiration of a term of 
office, a successor to the person whose place has become 
vacant shall be appointed for the unexpired term in the same 
manner as above provided. 

(3) The members of the retirement board shall be reim- 
bursed from the expense fund for any expense or loss of 
salary or wages which they may incur through service on the 
retirement board. 

(4) The retirement board shall elect from its membership 
a chairman, and shall by a majority vote of all its members 
appoint a secretary, who may be, but need not be, one of its 
members. It shall engage such actuarial and other service as 
shall be required to transact the business of the retirement 
system. The funds to meet the costs of administering the 
retirement system shall be derived from appropriations of the 
city from the annual tax levy. The retirement board shall 
submit an estimate of such costs to the mayor not later than 
January first of each year. Such amount as shall be required 
in the first year of operation to defray the expenses of the 
establishment and maintenance of the retirement system shall 
be appropriated by the board of aldermen. 

(5) The retirement board shall keep in convenient form 
such data as shall be necessary for actuarial valuations of the 
various funds of the retirement system and for checking the 
experience of the system. 

(6) The retirement board shall keep a record of all of its 
proceedings, which shall be open to pubHc inspection. It 
shall publish annually a report showing the fiscal transac- 
tions of the retirement system for the preceding municipal 
year, the amount of accumulated cash and securities of the 
system, and the last balance sheet showing the financial 
condition of the system by means of actuarial valuation of the 
assets and liabilities thereof. The board shall submit said 
report to the mayor and shall furnish copies thereof to the 
city clerk for distribu tion. 



84 Acts, 1934. — Chap. 88. 

Legal Adviser. 

(7) The city solicitor of the city shall be the legal adviser 
of the retirement board. 

Medical Examinations. 

(8) The city physician of the city shall arrange for and 
pass upon all medical examinations required under the pro- 
visions of this act, shall investigate all essential statements 
and certificates by or in behalf of a member in connection 
with an application for disability retirement, and shall report 
in writing to the retirement board his conclusions and recom- 
mendations upon all the matters referred to him. If required, 
other physicians may be employed by the retirement board 
to report on special cases. 

Duties of Actuary. 

(9) The retirement board shall designate an actuary who 
shall be the technical adviser of the retirement board on 
matters regarding the operation of the funds created by the 
provisions of this act, and shall perform such other duties as 
are required in connection therewith. 

(10) Immediately after the establishment of the retire- 
ment system the actuary shall make such investigation of the 
mortality, service and compensation experience of the mem- 
bers of the system as he shall recommend and the retirement 
board shall authorize, and on the basis of such investigation 
he shall recommend for adoption by the retirement board 
such tables and such rates as are required by section fifteen. 
The retirement board shall adopt tables and certify rates, 
and as soon as practicable thereafter the actuary shall make a 
valuation, based on such tables and rates, of the assets and 
liabilities of the funds created by this act. 

(11) Three years after the system becomes operative, and 
at least once in each five-year period thereafter, the actuary 
shall make an actuarial investigation into the mortality, 
service and compensation experience of the members and 
beneficiaries of the retirement system, and shall make a valua- 
tion of the assets and liabilities of the funds thereof, and tak- 
ing into account the result of such investigation and valuation 
the retirement board shall — 

(a) Adopt for the retirement system such mortality, serv- 
ice and other tables as shall be deemed necessary; and 

(6) Certify the rates of contribution payable by the city 
on account of new entrants. 

(12) On the basis of such tables as the retirement board 
shall from time to time adopt, the actuary shall make an 
annual valuation of the assets and liabilities of the reserve 
funds of the system created by this act. 

METHOD OF FINANCING. 

Section 15. All of the assets of the retirement system 
shall be credited, according to the purpose for which they are 



Acts, 1934. — Chap. 88. 85 

held, to one of the following five funds, namely, the Annuity 
Savings Fund, the Annuity Reserve Fund, the Pension 
Accumulation Fund, the Pension Reserve Fund, or the Ex- 
pense Fund. 

Annuity Savings Fund. 

(1) (a) The Annuity Savings Fund shall be the fund to 
which shall be paid the deductions from the compensation 
of members. The treasurer of the city shall withhold four per 
centum of the regular compensation due on each pay day to 
all employees who are members of this retirement system. 
The various amounts so withheld shall be transferred im- 
mediately thereafter to the retirement system and credited to 
the accounts of the respective members so contributing, and 
shall be paid into and become a part of said Annuity Savings 
Fund. 

(6) In determining the amount earnable by a member in a 
payroll period, the retirement board may consider the rate 
of annual compensation payable to such member on the first 
day of the payroll period as continuing throughout such pay- 
roll period, and it may omit deduction from compensation for 
any period less than a full payroll period if an employee was 
not a member on the first day of the payroll period. 

(c) The deductions provided for herein shall be made not- 
withstanding that the minimum compensation provided for 
by law for any member shall be reduced thereby. Every 
member shall be deemed to consent and agree to the deduc- 
tions provided for herein and shall receipt for his full salaiy 
or compensation, and the payment of his full salary or com- 
pensation less the deductions provided for hereunder shall be 
considered a full and complete discharge and acquittance of 
all claims and demands whatsoever for the services rendered 
by such persons during the period covered by such payment, 
except as to the benefits provided under this act. 

(d) In addition to the contributions deducted from com- 
pensation as hereinbefore provided, subject to the approval 
of the retirement board, any member may redeposit in the 
Annuity Savings Fund by a single payment or by an increased 
rate of contribution an amount equal to the total amount 
which he previously withdrew therefrom, as provided in this 
act, or any part thereof; or any member may deposit therein 
by a single payment or by an increased rate of contribution 
an amount computed to be sufficient to purchase an additional 
annuity, which, together with his prospective retirement 
allowance, will provide for him a total retirement allowance 
of not to exceed one half of his salary at age sixty. Such 
additional amounts so deposited shall be treated as a part of 
his accumulated deductions, except in the event of his retire- 
ment, when they shall not be used to increase the pension 
payable, and shall be treated as excess contributions return- 
able to the member in cash or in providing an excess annuity 
of equivalent actuarial value. The accumulated deductions 
of a member withdrawn by him or paid to his estate or to his 



86 Acts, 1934. — Chap. 88. 

designated beneficiary in event of his death as provided in 
this act shall be paid from the Annuity Savings Fund. Upon 
the retirement of a member his accumulated deductions shall 
be transferred from the Annuity Savings Fund to the Annuity 
Reserve Fund. 

Annuity Reserve Fund. 

(2) The Annuity Reserve Fund shall be the fund from 
which shall be paid all annuities and all benefits in lieu of 
annuities, payable as provided in this act. Should a bene- 
ficiary, retired on account of disability, be restored to active 
service with a compensation not less than his regular com- 
pensation at the time of his last retirement, his annuity 
reserve shall be transferred from the Annuity Reserve Fund 
to the Annuity Savings Fund, and credited to his individual 
account therein. 

Pension Accumulation Fund. 

(3) (a) The Pension Accumulation Fund shall be the 
fund into which shall be accumulated all reserves for the 
payment of all pensions and other benefits payable from con- 
tributions made by the city, and from which shall be paid all 
pensions and other benefits on account of members with 
prior service credit. Contributions to and payments from 
the Pension Accumulation Fund shall be made as follows : — 

(6) On account of each member there shall be paid annually 
into the Pension Accumulation Fund by the said city, for the 
preceding fiscal year, a certain percentage of the regular com- 
pensation of each member, to be known as the "normal 
contribution", and an additional percentage of his regular 
compensation to be known as the "accrued liability contribu- 
tion". The rates per centum of such contributions shall be 
fixed on the basis of the liabilities of the retirement system as 
shown by actuarial valuation. Until the first valuation the 
normal contribution shall be one and ninety-nine hundredths 
per centum, and the accrued liability contribution shall be 
three and sixty-seven hundredths per centum, of the regular 
annual compensation of all members. 

(c) On the basis of regular interest and of such mortality 
and other tables as shall be adopted by the retirement board, 
the actuary engaged by the board to make each valuation 
required by this act during the period over which the accrued 
liability contribution is payable, immediately after making 
such valuation, shall determine the uniform and constant 
percentage of the regular compensation of the average new 
entrant, which if contributed on the basis of compensation of 
such new entrant throughout his entire period of active serv- 
ice is computed to be sufficient to provide for the payment 
of any pens' on payable on his account. The rate per centum 
so determined shall be known as the "normal contribution" 
rate. After the accrued liability contribution has ceased to 
be payable, the normal contribution rate shall be the rate per 



Acts, 1934. — Chap. 8S. 87 

centum of the regular compensation of all members obtained 
by deducting from the total liabilities of the Pension Accumu- 
lation Fund the amount of the funds in hand to the credit of 
that fund and dividing the remainder by one per centum of 
the present value of the prospective future salaries of all 
members as computed on the basis of the mortality and serv- 
ice tables adopted by the retirement board and regular 
interest. The normal rate of contribution shall be determined 
by the actuary after each valuation. 

(d) Immediately succeeding the first valuation, the actuary 
engaged by the retirement board shall compute the rate per 
centum of the total regular compensation of all members 
which is equivalent to four per centum of the amount of the 
total pension liability on account of all members and bene- 
ficiaries which is not dischargeable by the aforesaid normal 
contribution made on account of such members during the 
remainder of their active service. The rate per centum 
originally so determined shall be known as the "accrued lia- 
bility contribution rate". 

(e) The total amount payable in each year to the Pension 
Accumulation Fund shall be not less than the sum of the rates 
per centum known as the normal contribution rate and the 
accrued liability contribution rate of the total compensation 
earnable by all members during the preceding year; provided, 
that the amount of each annual accrued liability contribution 
shall be at least three per centum greater than the preceding 
annual accrued liability payment, and that the aggregate 
payments of the city shall be sufficient when combined with 
the amount in the fund to provide the pensions and other 
benefits payable out of the fund during the year then current. 

(f) The accrued liability contribution shall be discontinued 
as soon as the accumulated reserve in the Pension Accumula- 
tion Fund shall equal the present value, as actuarially com- 
puted and approved by the retirement board, of the total 
liability of such fund less the present value, computed on the 
basis of the normal contribution rate then in force, of the 
prospective normal contributions to be received on account of 
persons who are at that time members. 

(g) All pensions, and benefits in lieu thereof, with the ex- 
ception of those payable on account of members who receive 
no prior service allowance, payable from contributions of the 
city, shall be paid from the Pension Accumulation Fund. 

(h) Upon the retirement of a member not entitled to credit 
for prior service, an amount equal to his pension reserve shall 
be transferred from the Pension Accumulation Fund to the 
Pension Reserve Fund. 

Pension Reserve Fund. 

(4) The Pension Reserve Fund shall be the fund from 
which shall be paid the pensions to members not entitled to 
credit for prior service and benefits in lieu thereof. Should 
such a beneficiary, retired on account of disability, be re- 
stored to active service with a compensation not less than his 



88 Acts, 1934. — Chap. 88. 

average regular compensation for the year preceding his last 
retirement, the pension reserve thereon shall be transferred 
from the Pension Reserve Fund to the Pension Accumulation 
Fund. Should the pension of a disability beneficiary be re- 
duced as a result of an increase in his earning capacity, the 
amount of the annual reduction in his pension shall be paid 
annually into the Pension Accumulation Fund during the 
period of such reduction. 

Expense Fund. 

(5) The Expense Fund shall be the fund to which shall be 
credited all money appropriated by the city to pay the ad- 
ministration expenses of the retirement system, and from 
which shall be paid all the expenses necessary in connection 
with the administration and operation of the system. 

Appropriations. 

(6) (a) On or before the first day of January in each year 
the retirement board shall certify to the mayor the amount 
of the appropriation necessary to pay to the various funds 
of the retirement system the amounts payable by the city as 
enumerated in this act for the year beginning on said first 
day of January, and items of appropriation, providing such 
amounts shall be included in the budget. 

(6) To cover the requirements of the system for the period 
prior to the date when the first regular appropriation is due, 
as provided by paragraph (a) of this subsection, such amounts 
as shall be necessary to cover the needs of the system shall be 
paid into the Pension Accumulation Fund and the Expense 
Fund by special appropriations to the system. 

MANAGEMENT OF FUNDS. 

Section 16. (1) The retirement board may invest the 
funds of the retirement system in such securities as are ap- 
proved from time to time by the commissioner of insurance 
for the investment of the funds of life insurance companies 
under the laws of the commonwealth. 

(2) The retirement board shall annually allow regular 
interest on the average balance for the preceding year to the 
credit of the various funds from the interest and dividends 
earned from investments. Any excess earnings over the 
amount so credited shall be used for reducing the amount of 
contributions required of the city during the ensuing year. 
Any deficiency shall be paid by the city during the ensuing 
year. 

(3) The treasurer of the city shall be custodian of the 
several funds. All payments from said funds shall be made by 
him only upon vouchers signed by two persons designated by 
the retirement board. A duly attested copy of a resolution of 
the retirement board designating such persons and bearing 
upon its face specimen signatures of such persons shall be filed 
with the treasurer as his authority for making payments upon 



Acts, 1934. — Chap. 88. 89 

such vouchers. No voucher shall be drawn unless it shall have 
been previously authorized by resolution of the retirement 
board. 

(4) For the purpose of meeting disbursements for pensions, 
annuities and other payments an amount of money, not ex- 
ceeding ten per centum of the total amount in the several 
funds of the retirement system, may be kept on deposit in 
one or more banks or trust companies organized under the 
laws of the commonwealth or of the United States; provided, 
that the sum on deposit in any one bank or trust company 
shall not exceed ten per centum of the paid-up capital and 
surplus thereof. 

(5) The retirement board may, in its discretion, transfer 
to or from the Pension Accumulation Fund the amount of 
any surplus or deficit which may develop in the reserves cred- 
itable to the Annuity Reserve Fund or the Pension Reserve 
Fund, as shown by actuarial valuations. 

(6) Except as otherwise provided herein, no member and 
no employee of the retirement board shall have any direct 
interest in the gains or profits of any investment made by 
the retirement board, nor as such receive any pay or emolu- 
ment for his services. No member or employee of the board 
shall, directly or indirectly, for himself or as an agent, in any 
manner use any of the securities or other assets of the retire- 
ment board, except to make such current and necessary 
payments as are authorized by the retirement board; nor 
shall any member or employee of the retirement board be- 
come an endorser or surety or in any manner obligor for 
moneys loaned by or borrowed from the retirement system. 

(7) Each member of the retirement board, and the treas- 
urer of the city in his capacity as custodian of the several 
funds, shall severally give bond for the faithful performance 
of his duties in a sum and with sureties or surety approved by 
the board of aldermen. 

EXEMPTION OF FUNDS FROM TAXATION AND 
EXECUTION. 

Section 17. The pensions, annuities and retirement 
allowances and the accumulated deductions and the cash and 
securities in the funds created by this act are hereby exempted 
from any state, county or municipal tax of this common- 
wealth, and shall not be subject to execution or attachment 
by trustee process or otherwise, in law or in equity, or under 
any process whatsoever, and shall be non-assignable except 
as specifically provided in this act. 

RECEIPT OF both RETIREMENT ALLOWANCE 
AND SALARY FORBIDDEN. 

Section 18. No beneficiary of the retirement system 
shall be paid for any service except service as a juror and such 
service as he may be called upon to perform in the police or 



90 Acts, 1934. — Chap. 88. 

fire department in a time of public emergency, rendered by 
him to the city after the date of the first payment of any 
retirement allowance hereunder, except as provided in section 
nine of this act, and except as further provided in this section. 
Notwithstanding the above provision, a beneficiary may 
be employed, for periods of not exceeding one year at a time, 
with the approval of the mayor and board of aldermen, and 
may receive compensation from the city for the services so 
rendered; provided, that the annual rate of compensation 
paid, together with the regular retirement allowance received, 
shall not exceed the regular compensation of the said bene- 
ficiary at the time of retirement. 

RIGHT OF APPEAL. 

Section 19. The supreme judicial court shall have juris- 
diction in equity upon the petition of the retirement board or 
any interested party or upon the petition of not less than ten 
taxable inhabitants of the city to compel the observance and 
restrain any violation of this act and the rules and regulations 
authorized or established thereunder. 



TENURE UNAFFECTED. 

Section 20. Nothing contained in this act shall affect 
the right or power of the city or other duly constituted au- 
thority in regard to demotion, transfer, suspension or dis- 
charge of any employee. 



INCONSISTENT ACTS. 

Section 21. Any of the provisions of sections forty-four, 
forty-five, seventy-seven, eighty and eighty-three of chapter 
thirty-two of the General Laws, as amended, which may be 
inconsistent herewith, and any other acts or parts of acts 
inconsistent herewith, shall, on and after the effective date 
of this act, apply only to such employees of the city as are, 
on said effective date, entitled to the benefits thereof. 
Nothing herein contained shall be construed as affecting the 
provisions of sections forty-nine to sixty, inclusive, or of 
section ninety-two of chapter thirty-two of the General Laws 
as amended. 

Section 22. This act shall become operative as of Jan- 
uary first, nineteen hundred and thirty-five, providing the 
provisions herein are accepted by the board of aldermen and 
approved by the mayor on or before December thirty-first, 
nineteen hundred and thirty-four. 

Approved March 14, 1934- 



Acts, 1934. — Chaps. 89, 90. 91 



An Act establishing the date for the state primaries (JJiap, 89 

IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

In the current year, the state primaries shall be held on the 
seventh Thursday preceding the biennial state election, not- 
withstanding anything to the contrary contained in section 
twenty-eight of chapter fifty-three of the General Laws, as 
most recently amended by section five of chapter three 
hundred and thirteen of the acts of nineteen hundred and 
thirty-three. Ap'proved March 14, 1934- 

An Act establishing a board to be known as the lynn Chap. 90 

PORT authority AND DEFINING ITS POWERS AND DUTIES. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the city of 
Lynn, hereinafter called the city, an unpaid board of five 
members, to be known as the Lynn Port Authority. The 
mayor of the city shall be chairman of said board and, sub- 
ject to confirmation by the city council, shall appoint the 
other four members for initial terms of one, two, three and 
four years, respectively, from the first Monday in May fol- 
lowing their appointment, and thereafter, as their respective 
terms expire, the mayor, subject to like confirmation, shall 
appoint their successors for terms of four years each; and, 
in the case of each appointive member, until the qualification 
of his successor. Every vacancy in said board shall be filled 
in like manner for the unexpired term. Any appointive mem- 
ber may be removed by the mayor in accordance with section 
forty-two of chapter three hundred and forty of the Special 
Acts of nineteen hundred and seventeen. Only residents of 
the city shall be eligible to serve on said board. 

Section 2. Said board shall have full and complete con- 
trol and supervision of the land within the city acquired by 
it under chapter two hundred and sixty-seven of the acts of 
nineteen hundred and twenty-seven and bounded and de- 
scribed as follows : — Southerly by Lynn harbor and the 
Saugus river; westerly by Broad street; northerly by Broad 
street and land of Whittredge ; easterly by Commercial street 
and other land of the city of Lynn and land of Lynn Gas and 
Electric Company; together with all the flats bordering 
thereon; and, in the exercise of such control and supervision, 
is hereby authorized (a) to prepare plans for the development 
of the land and facilities under its control, to execute such 
plans as aforesaid and to approve the expenditure of such 
sums for such preparation and execution as may be appropri- 
ated from time to time by the city; (b) to lease or sell, on 
behalf of the city, any portion of such land or facilities upon 
such terms and conditions and for such periods of time as 
said board may determine, subject to the approval of the 
mayor; (c) to make, adopt and enforce rules and regulations 



92 



Acts, 1934. — Chaps. 91, 92. 



governing the use and management of said property and 
facilities; (d) to enter into joint arrangements with steamship 
Hnes, railroads, railways and other transportation lines or 
common carriers, for the use or occupation of such property 
and facilities, subject to the approval of the mayor; and (e) 
to deal and co-operate with the federal and state governments 
on matters pertaining to Lynn harbor and its development. 
Said board shall annually in December, or more often if the 
board deems it necessary, make a report to the city council 
and the mayor. 

Section 3. All expenses incurred by said board under 
authority of this act shall, to the extent that appropriations 
therefor are available, be paid by the city upon requisition by 
said board. It shall have access to all maps, charts, plans and 
documents, relating to all matters within its jurisdiction, in 
the office or custody of any board, commission, department 
or officer of said city. 

Approved March 14, 1934. 



Chap. 91 ^N ^CT PROVIDING FOR MUNICIPAL PRIMARIES IN THE CITY OF 

WOBURN. 

Be it enacted, etc., as follows: 

Section 1. Candidates to be voted for at city elections 
in the city of Woburn shall, after the acceptance of this act, 
be nominated in municipal primaries held in accordance with 
the provisions of sections twenty-three to forty, and fifty- 
six to sixty-four, both inclusive, of chapter fifty-three of the 
General Laws. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter. 

Approved March 14, 1934. 



G. L. (Ter. 
Efl.), 175, 
§11, etc., 
amended. 



Chav 92 ^^ ^^^ relative to the filing of schedules of real 

estate by insurance COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter one hundred and 
seventy-five of the General Laws, as most recently amended 
by chapter five of the acts of nineteen hundred and thirty- 
three, is hereby further amended by adding at the end of the 
first paragraph, as appearing in the Tercentenary Edition, 
the following new sentence: — The commissioner may, in 
his discretion, require any company to furnish such informa- 
tion as may be needed to substantiate the values above pre- 
scribed, — so that the first paragraph will read as follows: — 
Beside the reserve provided for in the two preceding sections 
he shall, except as provided in the following section, charge 
to each company as a liability all unpaid losses and claims for 
losses, and all other debts and liabilities, including in the case 



Insurance 
companies, 
filing of 
schedules o 
real estate 



Acts, 1934. — Chap. 93. 93 

of a stock company its capital stock and including, in the 
case of a mutual company with a guaranty capital or guaranty 
fund, such guaranty capital or guaranty fund. He shall allow 
to the credit of a company in the account of its financial 
condition only such assets as are available for the payment of 
losses in this commonwealth, including all assets deposited 
with officers of other states or countries for the security of the 
pohcyholders of such company; but no holding or parcel of 
real estate shall be given a higher value than would be ade- 
quate to yield at three per cent annual interest the average 
amount of its net rental for three years next preceding, except 
that if a company shows to his satisfaction that the actual 
value of any of its real estate is greater than the value so 
ascertained, then the actual value of the said real estate as 
determined by the commissioner shall be allowed. The com- 
missioner may, in his discretion, require any company to 
furnish such information as may be needed to substantiate 
the values above prescribed. 

Section 2. Section twenty-five of said chapter one hun- g. l. (Ter. 
dred and seventy-five, as most recently amended by chapter f25!'etc!,''' 
twelve of the acts of the current year, is hereby further anie'nde.i'. 
amended by inserting after the word "of" in the forty- third 
line, as appearing in the Tercentenary Edition, the words: — 
real estate and of, — so that the last paragraph will read as 
follows: — The commissioner may exempt companies from Exemption in 
filing schedules of real estate and of mortgage loans on real 
estate, and may as a substitute require such other informa- 
tion in respect to such investments as from time to time he 
shall deem to be essential for determining their soundness as 
assets. 

Approved March 14, 1934. 



An Act authorizing the staley college of the spoken Chap. 93 

WORD TO confer THE DEGREE OF BACHELOR OF SCIENCE OF 
ORATORY. 

Be it enacted, etc., as follows: 

The Staley College Of The Spoken Word, incorporated as 
an institution of learning under subchapter one of chapter 
eighteen of an act of congress entitled "An Act To establish 
a code of law for the District of Columbia", approved 
March third, nineteen hundred and one, and numbered 
chapter eight hundred and fifty-four, is hereby authorized to 
grant the degree of bachelor of science of oratory to students 
properly accredited and recognized by a majority of its 
trustees and faculty; provided, that the course of instruction 
furnished by the corporation shall occupy not less than four 
years. 

Approved March 14, 1934. 



certain cases. 



94 



Acts, 1934. — Chaps. 94, 95. 



G. L. (Ter. 
Kd.), 31, §17. 
amended. 



(!ertain per 
sons ineliRible 
to appoint- 
ments under 
civil service. 



CJiav. 94 An Act relative to appointment to and employment in 

CIVIL SERVICE POSITIONS AS AFFECTED BY CONVICTIONS OF 
CERTAIN MOTOR VEHICLE CRIMES. 

Be it enacted, etc., as follows: 

Section seventeen of chapter thirty-one of the General 
Laws, as appearing in the Tercentenary Edition thereof, is 
hereby amended by striking out, in the tenth and eleventh 
lines, the words " , except those of sections twenty-three to 
twenty-five, inclusive", — so as to read as follows: — Section 
1 7. No person habitually using intoxicating liquors to excess 
shall be appointed, employed or retained in any position to 
which this chapter applies, nor shall any person be appointed 
or employed in any such position within one year after his 
conviction of any crime against the laws of the common- 
wealth; provided, that the commissioner may in his discre- 
tion authorize the appointment or employment, within said 
year, of a person convicted of any of the following offences : — 
(1) a violation of any rule or regulation made under section 
thirty-one of chapter ninety; (2) a violation of any provision 
of said chapter ninety relating to motor vehicles; (3) any 
other offence for which the sole punishment imposed was (a) 
a fine of less than one hundred dollars, (6) a sentence to un- 
prisonment in a jail or house of correction for less than six 
months, with such a fine or without any fine, or (c) a sentence 
to any other penal institution under which the actual time 
served was less than six months, with such a fine or without 
any fine. 

Approved March 14, 1934. 



Chai). 95 An Act prohibiting modification of or addition to cer- 
tain PROVISIONS of the STANDARD FIRE INSURANCE POLICY. 

Be it enacted, etc., as follows: 

Section ninety-nine of chapter one hundred and seventy- 
five of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out clause 
Ninth and inserting in place thereof the following: — 

Ninth, A company may write upon the margin or across 
o'f sumd- iJie face of a policy, or write, or print in type not smaller than 
long primer, upon separate shps or riders to be attached 
thereto, provisions adding to or modifying those contained in 
the standard form, and all such slips, riders and provisions 
shall be signed by the officers or agents of the company so 
using them. Nothing herein contained shall authorize any 
addition to or modification of any of the provisions of said 
standard form relative to the rights of a mortgagee, a can- 
cellation of the policy, a reference of the amount of a loss to 
three referees or the limitation of actions or suits. 



G. L. (Ter. 
Ed.), 175, 
§99, ameuded 



Moditication, 

etc 

ard fo 

insufiin 

policies. 



Approved March 14, 1934. 



Acts, 1934. — Chaps. 96, 97. 95 



An Act providing for the ultimate elimination of (JJ^ip cjQ 

DISEASED CATTLE FROM THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-nine of the General Laws q_ j, ,ivr. 
is hereby amended by striking out section thirty-three B, as E''. )• 129, 
appearing in the Tercentenary Edition thereof, and inserting amended. 
in place thereof the following: — Section 33B. The director Tests of bo- 
may, upon application to him by not less than seventy-five [/,"p^;!f!j'i"'''*'^ 
per cent of the cattle owners owning cattle permanently kept district's. 
in any city or town, or upon like application by the owners of 
eighty-five per cent of such cattle, declare said city or town a 
quarantine area and may proceed to test by the tuberculin 
test or otherwise all bovine animals within said area. When- 
ever not less than eighty-five per cent of the cattle perma- 
nently kept in the commonwealth are being tested for bovine 
tuberculosis under the supervision of the director or of the 
appropriate federal officials, the director may declare the 
entire commonwealth to be a quarantine area and may 
proceed to test by the tuberculin test or otherwise all bovine 
animals within the commonwealth. If the director finds and 
declares that such a city or town or the commonwealth, as 
the case may be, is substantially free from bovine tubercu- 
losis, he may proclaim it to constitute a modified accredited 
area and may prescribe rules and regulations, subject to the 
approval of the governor and council, prohibiting the ship- 
ment or transportation into the same of any bovine animals 
without a permit and health certificate issued by the director 
or some officer designated by the director for the purpose. 
Whoever violates the terms and conditions of any such quar- 
antine or any such rule or regulation shall be punished by a 
fine of not more than five hundred dollars or by imprisonment 
for not more than one year, or both. 

Approved March I4, 1934- 



An Act relative to the transportation of school chil- (JJiap^ 97 

DREN FROM THEIR HOMES TO THE SCHOOLS IN CERTAIN 
INSTANCES, AND EXEMPTING SCHOOL BUSES FROM OPER- 
ATING ON PRIVATE WAYS. 

Be it enacted, etc., as follows: 

Section 1. Chapter seventy-one of the General Laws is g. l. (Ter. 
hereby amended by striking out section sixty-eight, as ap- ^'|'^„;J]' ^^^' 
pearing in the Tercentenary Edition thereof, and inserting 
in place thereof the following: — Section 68. Every town Truuspoiu- 
shall provide and maintain a sufficient number of school- chi'idrii/'^etc!' 
houses, properly furnished and conveniently situated for the 
accommodation of all children therein entitled to attend the 
public schools. If the distance between a child's residence 
and the school he is entitled to attend exceeds two miles and 
the nearest school bus stop is more than one mile from such 



96 



Acts, 1934. — Chaps. 98, 99. 



residence and the school committee decHnes to furnish trans- 
portation, the department, upon appeal of the parent or 
guardian of the child, may require the town to furnish the 
same for a part or for all of the distance between such resi- 
dence and the school. If said distance exceeds three miles, 
and the distance between the child's residence and a school 
in an adjoining town giving substantially equivalent instruc- 
tion is less than three miles, and the school committee de- 
clines to pay for tuition in such nearer school, and for trans- 
portation in case the distance thereto exceeds two miles, the 
department, upon like appeal, may require the town of resi- 
dence to pay for tuition in, and if necessary provide for trans- 
portation for a part or for the whole of said distance to, such 
nearer school. No school committee shall be compelled to 
furnish transportation on a private way. The school com- 
mittee, unless the town otherwise directs, shall have general 
charge and superintendence of the schoolhouses, shall keep 
them in good order, and shall, at the expense of the town, 
procure a suitable place for the schools, if there is no school- 
house, and provide fuel and all other things necessary for the 
comfort of the pupils. 

Section 2. Nothing in this act shall be construed to 
affect any contract relative to the transportation of school 
children which is in force upon the effective date of this act. 

Approved March 14, 1934. 



Chap. 98 An Act to establish fees for sealing certain liquid- 
measuring METERS. 

Be it enacted, etc., as follows: 

Section fifty-six of chapter ninety-eight of the General 
Laws, as appearing in the Tercentenary Edition thereof, is 
hereby amended by inserting, after paragraph (6), the foUow- 
Fees of sealers ing ncw paragraph : — (byQ Each liquid-measuring meter, 
certaTn "h^uid- ^^^^P^ Water meters, the diameter of the inlet pipe of which is 
one inch or less, fifty cents; and for each such meter the 
diameter of the inlet pipe of which is more than one inch, 
one dollar. 

Approved March 14, 1934. 



G. L. (Ter. 
Ed.), 98, 556, 
amended. 



measuring 
mecers. 



ChaV 99 ^^ "^^^ authorizing the town of YARMOUTH TO CONSTRUCT 
AND MAINTAIN A FOOTBRIDGE WITHOUT A DRAW OVER THE 
TIDE WATERS OF MILL CREEK IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Yarmouth may construct and 
maintain a footbridge without a draw over the tide waters of 
Mill creek in said town, subject to the provisions of chapter 
ninety-one of the General Laws. 

Section 2. This act shall take effect upon its passage. 



Approved March 19, 1934. 



Acts, 1934. — Chap. 100. 97 

Chap. 100 



An Act establishing the sudbury water district of 

SUDBURY. 



Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Sudbury, 
Hable to taxation in said town and residing within the ter- 
ritory comprised within the following boundary lines, to wit: 
Beginning at a point in the center line of Old Concord road 
directly opposite the southerly property line of land owned by 
George H. Thompson; thence westerly along the southerly 
property line of said George H. Thompson to an angle point 
in said southerly property line; thence southerly along the 
property line of George H. Thompson to an angle point; 
thence westerly along the southerly property line of George 
H. Thompson to the center line of the right of way of the 
New York, New Haven and Hartford railroad; thence 
southerly along the center line of the right of way of the New 
York, New Haven and Hartford railroad to the center line of 
Morse road; thence southwesterly in a straight line across 
Maynard road to a point in the center line of Hudson road 
directly opposite the westerly property line of land owned by 
Stephen M. W. Gray; thence southerly in a straight hne 
across Peakham road and across the right of way of the 
Boston and Maine railroad to the point of intersection of the 
center lines of the Boston Post road and Dudley road ; thence 
easterly along the center line of the Boston Post road to the 
point of intersection of said center line with the center line 
of the right of way of the New York, New Haven and Hart- 
ford railroad; thence southerly along the center line of the 
right of way of the New York, New Haven and Hartford 
railroad fifteen hundred feet; thence easterly in a straight 
line across Raymond road and across the right of way of the 
Boston and Maine railroad to the easterly intersection of the 
center line of King Phillip road and the center line of the 
Boston Post road ; thence northwesterly along the center line 
of King Phillip road to a point directly opposite the westerly 
property line of land owned by Joseph Keene ; thence north- 
easterly along the westerly property line of land owned by 
Joseph Keene to the northwest corner of said land owned by 
said Joseph Keene; thence northeasterly in a straight line to a 
point in the center line of Old Sudbury road directly opposite 
the easterly property line of land owned by Harvey N. Fair- 
bank; thence northwesterly in a straight line to the point of 
beginning, — shall constitute a fire and water district, and 
are hereby made a body corporate by the name of the Sud- 
bury water district of Sudbury, hereinafter called the district, 
for the purpose of supplying themselves with water for the 
extinguishment of fires and for domestic and other purposes, 
with power to establish fountains and hydrants and to re- 
locate and discontinue the same, to regulate the use of such 
water and to fix and collect rates to be paid therefor, and for 
the purpose of assessing and raising taxes as provided herein 



98 Acts, 1934. — Chap. 100. 

for the payment of such services and for defraying the neces- 
sary expenses of carrying on the business of said district, sub- 
ject to all general laws now or hereafter in force relating to 
such districts, except as otherwise provided herein. The 
district shall have power to prosecute and defend all actions 
relating to its property and affairs. 

Section 2. For the purposes aforesaid, the district, act- 
ing by and through its board of water commissioners here- 
inafter provided for, may contract with any municipality, 
acting through its water department, or with any water com- 
pany, or with any water district, for whatever water may be 
required, authority to furnish the same being hereby granted, 
and/or may take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by lease, purchase or 
otherwise, and hold, the waters, or any portion thereof, of 
any pond, spring or stream, or of any ground sources of supply 
by means of driven, artesian or other wells, within the town 
of Sudbury, and the water rights connected with any such 
water sources; and for said purposes may take as aforesaid, 
or acquire by purchase or otherwise, and hold, all lands, 
rights of way and other easements necessary for collecting, 
storing, holding, purifying and preserving the purity of the 
water and for conveying the same to any part of said district; 
provided, that no source of water supply or lands necessary 
for preserving the quality of the water shall be so taken or 
used without first obtaining the advice and approval of the 
department of public health, and that the location and 
arrangement of all dams, reservoirs, wells, pumping and 
filtration plants and such other works as may be necessary 
in carrying out the provisions of this act shall be subject to 
the approval of said department. Said district may construct 
and maintain on the lands acquired and held under this act 
proper dams, wells, reservoirs, standpipes, tanks, pumping 
plants, buildings, fixture-^ and other structures, including 
also the establishment and maintenance of filter beds and 
purification works or systems, and may make excavations, 
procure and operate machinery and provide such other means 
and appliances, and do such other things as may be necessary 
for the establishment and maintenance of complete and 
effective water works; and for that purpose may construct, 
lay and maintain aqueducts, conduits, pipes and other works 
under or over any land, water courses, railroads, railways and 
public or other ways, and along such ways, in said town, in 
such manner as not unnecessarily to obstruct the same; and 
for the purposes of constructing, laying, maintaining, operat- 
ing and repairing such conduits, pipes and other works, and 
for all proper purposes of this act, the district may dig up or 
raise and embank any such lands, highways or other ways in 
such manner as to cause the least hindrance to public travel 
on such ways; provided, that all things done upon any such 
way shall be subject to the direction of the selectmen of the 
town of Sudbury. Said district shall not enter upon, con- 
struct or lay any conduit, pipe or other works within the 



Acts, 1934. — Chap. 100. 99 

location of any railroad corporation except at such time and 
in such manner as it may agree upon with such corporation, 
or, in case of failure so to agree, as may be approved by the 
department of public utilities. 

Section 3. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 
under authority thereof may recover such damages from the 
district under said chapter seventy-nine; but the right to 
damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water is 
actually withdrawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under the provisions of this 
act, other than expenses of maintenance and operation, the 
district may borrow from time to time such sums as may be 
necessary, not exceeding, in the aggregate, one hundred 
fifteen thousand dollars and may issue bonds or notes there- 
for, which shall bear on their face the words, Sudbury Water 
District Loan, Act of 1934. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be payable in 
not more than thirty years from their dates. Indebtedness 
incurred under this act shall be subject to chapter forty-four 
of the General Laws. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section four of this act; and when a vote to that 
effect has been passed, a sum which, with the income derived 
from water rates, will be sufficient to pay the annual expense 
of operating its water works and the interest as it accrues on 
the bonds or notes issued as aforesaid by the district, and to 
make such payments on the principal as may be required 
under the provisions of this act, shall without further vote 
be assessed upon the district by the assessors of said town of 
Sudbury annually thereafter until the debt incurred by said 
loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said commissioners by this section 
shall be subject to the provisions of section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall assess 
the same on property within the district in the same manner 
in all respects in which town taxes are required by law to be 
assessed. The assessment shall be committed to the town 
collector, who shall collect said tax in the manner provided by 
law for the collection of town taxes, and shall deposit the 
proceeds thereof with the district treasurer for the use and 
benefit of the district. The district may collect interest on 
overdue taxes in the manner in which interest is authorized 
to be collected on town taxes. 



100 Acts, 1934. — Chap. 100. 

Section 8. The first meeting of the voters of the territory- 
included within the district by section one of this act shall be 
called, on petition of ten or more legal voters therein, by a 
warrant from the selectmen of said town, or from a justice of 
the peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant in 
two or more public places in the district seven days at least 
before the time of the meeting. Such justice of the peace, or 
one of the selectmen, shall preside at such meeting until a 
clerk is chosen and sworn, and the clerk shall preside until a 
moderator is chosen. After the choice of a moderator for the 
meeting the question of the acceptance of this act shall be 
submitted to the voters, and if it is accepted by a majority 
of the voters present and voting thereon it shall take effect, 
and the meeting may then proceed to act on the other articles 
in the warrant. 

Section 9. The district shall elect by ballot, either at the 
same meeting at which this act is accepted or at a later meet- 
ing called for the purpose, three persons to hold office, one 
until the expiration of three years, one until the expiration of 
two years, and one until the expiration of one year, from the 
day of the next succeeding annual district meeting, to con- 
stitute a board of water commissioners; and at every annual 
meeting thereafter one such commissioner shall be elected by 
ballot for the term of three years. All the authority granted 
to the district by this act, except sections four and five, and 
not otherwise specifically provided for, shall be vested in said 
board of water commissioners, who shall be subject, however, 
to such instructions, rules and regulations as the district may 
by vote impose. At the meeting at which said commissioners 
are first elected and at each annual district meeting, the dis- 
trict shall elect by ballot a treasurer of the district, who shall 
be other than a commissioner, and who shall give bond to the 
district in such an amount as may be fixed by the commis- 
sioners and with a surety company authorized to transact 
business in the commonwealth as surety, A majority of the 
commissioners shall constitute a quorum for the transaction 
of business. Any vacancy occurring in said board from any 
cause may be filled for the remainder of the unexpired term 
by the district at any legal meeting called for the purpose. 
No money shall be drawn from the treasury of the district 
on account of the water works except upon a written order of 
said commissioners or a majority of them. 

Section 10. Said commissioners shall fix just and equit- 
able prices and rates for the use of water, and shall prescribe 
the time and manner of payment. The income of the water 
works shall be appropriated to defray all operating expenses, 
interest charges and payments on the principal as they shall 
accrue upon any bonds or notes issued under authority of this 
act. If there should be a net surplus remaining after providing 
for the aforesaid charges, it may be appropriated for such 
new construction as said commissioners may Tecommend, 
and in case a surplus should remain after payment for such 



Acts, 1934. — Chap. 100. 101 

new construction the water rates shall be reduced propor- 
tionately. Said commissioners shall annually, and as often 
as the district may require, render a report upon the condi- 
tion of the works under their charge, and an account of their 
doings, including an account of receipts and expenditures. 

Section 11. The district may adopt by-laws prescribing 
by whom and how meetings may be called, notified, and con- 
ducted; and, upon the application of ten or more legal voters 
in the district, meetings may also be called by warrant as 
provided in section eight. The district may also establish 
rules and regulations for the management of its water works, 
not inconsistent with this act or any other provision of law, 
and may choose such other officers not provided for in this 
act as it may deem necessary or proper. The district shall 
have all the rights and privileges conferred by law upon water 
districts and fire districts, so far as applicable. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, 
standpipe, aqueduct, pipe or other property owned or used 
by the district for any of the purposes of this act, shall for- 
feit and pay to the district three times the amount of damages 
assessed therefor, to be recovered in an action of tort, and 
upon conviction of any of the above wilful or wanton acts 
shall be punished by a fine of not more than one hundred 
dollars or by imprisonment in jail for not more than six 
months. 

Section 13. Upon a petition in writing addressed to said 
commissioners requesting that certain real estate, accurately 
described therein, located in said town and abutting on said 
district be included within the limits thereof, and signed by 
the owners of such real estate, or a major portion thereof, said 
commissioners shall cause a duly warned meeting of the dis- 
trict to be called, at which meeting the voters may vote on 
the question of including said real estate within the district. 
If a majority of the voters present and voting thereon vote in 
the affirmative the district clerk shall within ten days file 
with the town clerk of said town and with the state secretary 
an attested copy of said petition and vote ; and thereupon said 
real estate shall become and be part of the district and shall 
be holden under this act in the same manner and to the same 
extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the district 
present and voting thereon at a district meeting called, in 
accordance with the provisions of section eight, within three 
years after its passage; but the number of meetings so called 
in any one year shall not exceed three. 

Approved March 19, 1934. 



102 Acts, 1934. — Chaps. 101, 102. 



Chap. 101 An Act placing under the civil service the office of 

CHIEF OF police OF THE CITY OF BEVERLY. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of poHce of the city of 
Beverly shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations re- 
lating to permanent members of police departments of cities, 
and the term of office of any incumbent of said office shall be 
unlimited, except that he may be removed in accordance with 
such laws and rules and regulations; provided, however, that 
the present incumbent of said office may continue to serve 
therein without taking a civil service examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Beverly at the state 
election in the current year in the form of the following ques- 
tion which shall be placed upon the official ballot to be used 
in said city at said election: "Shall an act of the general court 
passed in the current year, entitled 'An Act placing under 
the Civil Service the Office of Chief of Police of the City of 
Beverly', be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question 
this act shall thereupon take effect, but not otherwise. 

Approved March 19, 1934. 



Chap. 102 An Act establishing the whately fire and water dis- 
trict in the town of whately. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Whately, 
liable to taxation in said town and residing within the ter- 
ritory comprised within the following boundary lines, to 
wit: — 

Beginning at a stone post or marker set at the intersection 
of the easterly line of the town of Conway, the southerly line 
of the town of Deerfield, and the northerly line of the town 
of Whately being known as C. D. W. and described in the 
Commonwealth of Massachusetts Harbor and Land Com- 
mission Atlas of Boundaries as follows: 

"The corner is situated on a ledge surrounded by woods, 
and is in an old fence a continuation of the wall from Con- 
way-Whately #1, on the north side of Roaring Brook and 
about fifty (50) feet east of another branch brook. 

The Corner Mark is a drab slate rock two and six tenths 
feet high and about five and one half by six and one half 
inches in section. 

The letter C is cut on the south face, D on the west face and 
C-W on the north face, with numerous dates." 

Thence proceeding south thirty degrees and fifty-five 
minutes east (S-30-55-E) twenty-three hundred and eighty 
feet (2,380); thence south twenty degrees and fifty-seven 



Acts, 1934. — Chap. 102. 103 

minutes east (S-20-57-E) twenty-eight hundred and forty- 
nine feet (2,849); thence south ten degrees twenty-four 
minutes west (S-10-24-W) twenty-one hundred sixty feet 
(2,160); thence south sixteen degrees twenty-one minutes 
east (S-16-21-E) forty-nine hundred sixteen feet (4,916); 
thence south forty-six degrees two minutes east (S-46-02-E) 
twenty-three hundred seventy-one feet (2,371) ; thence south 
eighteen degrees thirty-one minutes west (S-18-31-W) 
forty-five hundred thirty-nine feet (4,539); thence north 
thirty-eight degrees eleven minutes west (N-38-11-W) 
thirty-nine hundred fifty-eight feet (3,958); thence south 
forty-eight degrees twenty-four minutes west (S-48-24-W) 
thirty-six hundred fifty-two feet (3,652) ; thence south seventy 
degrees fifty-five minutes east (S-70-55-E) forty-four hun- 
dred twenty-three feet (4,423); thence south ten degrees 
thirty-three minutes east (S-10-33-E) twenty-nine hundred 
and one feet (2,901); to a point on the fine separating the 
towns of Hatfield and Whately, the same line being also the 
line separating the counties of Franklin and Hampshire. 

Said point is located fifty-one hundred forty-nine feet 
(5,149) southwest from a stone marker which is known as the 
Hatfield- Whately marker #5 being described in the Common- 
wealth of Massachusetts Harbor and Land Commission Atlas 
of Boundaries as follows: 

"The corner is an unmarked point in the West Brook on 
the westerly side of the county road being at right angles to 
the line 3-4 and sixty-six feet (66) distant therefrom, or the 
legal width of the roadway." 

From this point said district is bounded on the south by 
the line separating the towns of Hatfield and Whately, this 
line also being the line which separates the counties of Frank- 
lin and Hampshire; on the east by a line running in the center 
of the Connecticut river which is also the westerly line of the 
town of Sunderland, and on the north by the lines separating 
the towns of Deerfield and Whately between the Connecticut 
river and the point of beginning at the marker previously 
described and known as C. D. W., — shall constitute a fire 
and water district, and are hereby made a body corporate by 
the name of the Whately fire and water district of Whately, 
hereinafter called the district, for the purpose of supplying 
themselves with water for the extinguishment of fires and for 
domestic and other purposes, with power to establish foun- 
tains and hydrants and to relocate and discontinue the same, 
to regulate the use of such water and to fix and collect rates 
to be paid therefor, and for the purposes of assessing and 
raising taxes as provided herein for the payment of such 
services, and for defraying the necessary expenses of carrying 
on the business of said district, subject to all general laws 
now or hereafter in force relating to such districts, except as 
otherwise provided herein. The district shall have power to 
prosecute and defend all actions relating to its property and 
affairs. 

Section 2. For the purposes aforesaid, the district, act- 



104 Acts, 1934. — Chap. 102. 

ing by and through its board of water commissioners herein- 
after provided for, may contract with any other municipahty, 
acting through its water department, or with any water com- 
pany, or with any water district, for whatever water may be 
required, authority to furnish the same being hereby granted, 
and/or may take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by lease, purchase or 
otherwise, and hold, the waters, or any portion thereof, of 
any pond, spring or stream, or of any ground sources of 
supply by means of driven, artesian or other wells, within the 
town of Whately not already appropriated for the purposes 
of a public supply, and the water rights connected with any 
such water sources; and for said purposes may take as afore- 
said, or acquire by purchase or otherwise, and hold, all lands, 
rights of way and other easements necessary for collecting, 
storing, holding, purifying and preserving the purity of the 
water and for conveying the same to any part of said district; 
provided, that no source of water supply or lands necessary 
for preserving the quality of the water shall be so taken or 
used without first obtaining the advice and approval of the 
department of public health, and that the location and 
arrangement of all dams, reservoirs, wells, pumping and 
filtration plants and such other works as may be necessary 
in carrying out the provisions of this act shall be subject to 
the approval of said department. Said district may construct 
and maintain on the lands acquired and held under this act 
proper dams, wells, reservoirs, standpipes, tanks, pumping 
plants, buildings, fixtures and other structures, including also 
the establishment and maintenance of filter beds and purifica- 
tion works or systems, and may make excavations, procure 
and operate machinery and provide such other means and 
appliances, and do such other things as may be necessary for 
the establishment and maintenance of complete and effective 
water works; and for that purpose may construct, lay and 
maintain aqueducts, conduits, pipes and other works under 
or over any land, water courses, railroads, railways and public 
or other ways, and along such ways, in said town, in such 
manner as not unnecessarily to obstruct the same ; and for the 
purposes of constructing, laying, maintaining, operating and 
repairing such conduits, pipes and other works, and for all 
proper purposes of this act, the district may dig up or raise 
and embank any such lands, highways or other ways in such 
manner as to cause the least hindrance to public travel on 
such ways; provided, that all things done upon any such way 
shall be subject to the direction of the selectmen of the town 
of Whately. Said district shall not enter upon, construct or 
lay any conduit, pipe or other works within the location of 
any railroad corporation except at such time and in such 
manner as it may agree upon with such corporation, or, in 
case of failure so to agree, as may be approved by the depart- 
ment of public utilities. 

Section 3. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 



Acts, 1934. — Chap. 102. 105 

under authority thereof may recover such damages from the 
district under said chapter seventy-nine; but the right to 
damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water is 
actually withdrawn or diverted under authority of this act. 

Section 4. For the purposes of paying the necessary ex- 
penses and liabilities incurred under the provisions of this 
act, other than expenses of maintenance and operation, the 
district may borrow from time to- time such sums as may be 
necessary, not exceeding, in the aggregate, one hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Whately Fire and 
Water District Loan, Act of 1934. Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 
able in not more than thirty years from their dates. In- 
debtedness incurred under this act shall be subject to chapter 
forty-four of the General Laws. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section four of this act; and when a vote to that 
effect has been passed a sum which, with the income derived 
from water rates, will be sufficient to pay the annual expense 
of operating its water works and the interest as it accrues 
on the bonds or notes issued as aforesaid by the district, and 
to make such payments on the principal as may be required 
under the provisions of this act, shall without further vote 
be assessed upon the district by the assessors of said town of 
Whately annually thereafter until the debt incurred by said 
loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. All 
authority vested in said commissioners by this section shall 
be subject to the provisions of section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of the town of Whately, 
who shall assess the same on the property within the district 
in the same manner in all respects in which town taxes are 
required by law to be assessed. The assessment shall be 
committed to the town collector, who shall collect said tax 
in the manner provided by law for the collection of town 
taxes, and shall deposit the proceeds thereof with the district 
treasurer for the use and benefit of the district. The district 
may collect interest on overdue taxes in the manner in which 
interest is authorized to be collected on town taxes. 

Section 8. The first meeting of the voters of the territory 
included within the district by section one of this act shall be 
called, on petition of ten or more legal voters therein, by a 
warrant from the selectmen of the town of Whately or from a 
justice of the peace, directed to one of the petitioners, requir- 
ing him to give notice of the meeting by posting copies of the 



106 Acts, 1934. — Chap. 102. 

warrant in two or more public places in the district seven 
days at least before the time of the meeting. Such justice of 
the peace, or one of the selectmen, shall preside at such 
meeting until a clerk is chosen and sworn, and the clerk shall 
preside until a moderator is chosen. After the choice of a 
moderator for the meeting, the question of the acceptance of 
this act shall be submitted to the voters, and, if it is accepted 
by a majority of the voters present and voting thereon, it 
shall take effect, and the meeting may then proceed to act 
on the other articles in the warrant. 

Section 9. The district shall elect by ballot, either at the 
same meeting at which this act is accepted or at a later meet- 
ing called for the purpose, three persons to hold office, one 
until the expiration of three years, one until the expiration of 
two years, and one until the expiration of one year, from the 
day of the next succeeding annual district meeting, to con- 
stitute a board of water commissioners; and at every annual 
meeting thereafter one such commissioner shall be elected by 
ballot for the term of three years. All the authority granted 
to the district by this act, except sections four and five, and 
not otherwise specifically provided for, shall be vested in 
said board of water commissioners, who shall be subject, 
however, to such instructions, rules and regulations as the dis- 
trict may by vote impose. At the meeting at which said com- 
missioners are first elected and at each annual district meet- 
ing, the district shall elect by ballot a treasurer of the district, 
who shall be other than a commissioner, and who shall give 
bond to the district in such an amount as may be fixed by the 
commissioners and with a surety company authorized to 
transact business in the commonwealth as surety. A ma- 
jority of the commissioners shall constitute a quorum for the 
transaction of business. Any vacancy occurring in said board 
from any cause may be filled for the remainder of the un- 
expired term by the district at any legal meeting called for the 
purpose. No money shall be drawn from the treasury of the 
district on account of the water works except upon a written 
order of said commissioners or a majority of them. 

Section 10. Said commissioners shall fix just and equi- 
table prices and rates for the use of water, and shall prescribe 
the time and manner of payment. The income of the water 
works shall be appropriated to defray all operating expenses, 
interest charges and payments on the principal as they shall 
accrue upon any bonds or notes issued under authority of 
this act. If there should be a net surplus remaining after 
providing for the aforesaid charges, it may be appropriated 
for such new construction as said commissioners may recom- 
mend, and in case a surplus should remain after payment for 
such new construction the water rates shall be reduced pro- 
portionately. Said commissioners shall annually, and as often 
as the district may require, render a report upon the condi- 
tion of the works under their charge, and an account of their 
doings, including an account of receipts and expenditures. 

Section 11. The district may adopt by-laws prescribing 



Acts, 1934. — Chap. 103. 

by whom and how meetings may be called, notified, and con- 
ducted ; and, upon the application of ten or more legal voters 
in the district, meetings may also be called by warrant as 
provided in section eight. The district may also estabhsh 
rules and regulations for the management of its water works, 
not inconsistent with this act or with any other provision of 
law, and may choose such other ofiicers not provided for in 
this act as it may deem necessary or proper. The district 
shall have all the rights and privileges conferred by law upon 
water districts and fire districts, so far as applicable. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or suppfied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 
pipe, aqueduct, pipe or other property owned or used by the 
district for any of the purposes of this act, shall forfeit and 
pay to the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon con- 
viction of any of the above wilful or wanton acts shall be 
punished by a fine of not more than one hundred dollars or by 
imprisonment in jail for not more than six months. 

Section 13. Upon a petition in writing addressed to said 
commissioners requesting that certain real estate, accurately 
described therein, located in said town and abutting on said 
district be included within the fimits thereof, and signed by 
the owners of such real estate, or a major portion thereof, 
said commissioners shall cause a duly warned meeting of the 
district to be called, at which meeting the voters may vote 
on the question of including said real estate within the dis- 
trict. If a majority of the voters present and voting thereon 
vote in the affirmative the district clerk shall within ten days 
file with the town clerk of said town and with the state secre- 
tary an attested copy of said petition and vote ; and thereupon 
said real estate shall become and be part of the district and 
shall be holden under this act in the same manner and to the 
same extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the district 
present and voting thereon at a district meeting called, in 
accordance with the provisions of section eight, within three 
years after its passage; but the number of meetings so called 
in any one year shall not exceed three. 

Approved March 19, 1934. 



An Act relative to special restrictions in licenses to nu^^ ino 
operate motor vehicles. ^' 

Be it enacted, etc., as follows: 

Section eight of chapter ninety of the General Laws, as g. l. (Ter. 
appearing in the Tercentenary Edition thereof, is hereby f,','g^,;(ipU' ^^■ 
amended by striking out, in the ninth, tenth and eleventh 
lines, the words "concerning the type of motor, horse power, 
design and other features of the motor vehicles which the 



108 



Acts, 1934. — Chap. 104. 



Licenses to 
opernte motor 
vehicles. 
Special re- 
strictions. 



licensee may operate", — so as to read as follows: — Section 
8. Application for license to operate motor vehicles may be 
made by any person ; but before such a license is granted the 
applicant shall pass such examination as to his qualifications 
as the registrar shall require, and no license shall be issued 
until the registrar or his authorized agent is satisfied that the 
applicant is a proper person to receive it, and no such license 
shall be issued to any person under sixteen years of age. To 
each licensee shall be assigned some distinguishing number or 
mark, and the licenses issued shall be in such form as the 
registrar shall determine. They may contain special restric- 
tions and limitations. They shall contain the distinguishing 
number or mark assigned to the licensee, his name, place of 
residence and address, a brief description of him for purposes 
of identification, and such other information as the registrar 
shall deem necessary. A person to whom a license to operate 
motor vehicles has been issued, unless such license contains 
a special limitation or restriction, may operate any registered 
motor vehicle. Special licenses shall be issued to operators of 
motor-propelled fire apparatus who are members of a muni- 
cipal fire department. Every person licensed to operate 
motor vehicles as aforesaid shall endorse his usual signature on 
the margin of the license, in the space provided for the pur- 
pose, immediately upon the receipt of said license, and such 
license shall not be valid until so endorsed. All licenses issued 
to operators shall be valid for one year only from the date of 
issue. Every application for an original license filed under 
this section shall be sworn to by the applicant before a justice 
of the peace or notary public. Appi-oved March 19, 1984- 



ChaV 104 An Act RELATIVE TO THE ISSUING OF WARRANTS BY ASSESSORS 

FOR OMITTED ASSESSMENTS. 



G. L. (Ter. 
Ed.), 59, §75, 
amended. 



Property 
omitted from 
nssessrnent to 
be iissessed in 
December, 
etc. 



Be it enacted, etc., as follows: 

Section seventy-five of chapter fifty-nine of the General 
Laws, as appearing in the Tercentenary Edition thereof, is 
hereby amended by inserting after the word "same" in the 
sixth line the following new sentence : — The assessors shall 
also deliver to the collector their warrants for the collection 
of all taxes so entered on the tax list, — so as to read as 
follows : — Section 75. If the real or personal estate of a 
person, to an amount not less than one hundred dollars and 
liable to taxation, has been omitted from the annual assess- 
ment of taxes, the assessors shall between December tenth 
and twentieth following, both inclusive, assess such person 
for such estate. The taxes so assessed shall be entered on the 
tax list of the collector, who shall collect and pay over the 
same. The assessors shall also deliver to the collector their 
warrants for the collection of all taxes so entered on the tax 
list. Such additional assessment shall not render the tax of 
the town invalid although its amount, in consequence thereof, 
shall exceed the amount authorized by law to be raised. 

Approved March 19, 1934- 



Acts, 1934. — Chaps. 105, 106, 107. 



109 



An Act relative to the appointment of persons for Phnj) 105 

TEMPORARY EMPLOYMENT UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section fifteen A of chapter thirty-one of the General 
Laws, inserted by chapter two hundred and sixty-seven of 
the acts of nineteen hundred and thirty-three, is hereby 
amended by inserting after the word "town" in the second 
hne the words: — , other than one employed on an intermit- 
tent or part-time basis or at a nominal salary, — so as to read 
as follows: — Section 15 A. No person in the employ of the 
commonwealth or of any county, city or town, other than 
one employed on an intermittent or part-time basis or at a 
nominal salary, shall be certified for temporary employment 
under this chapter. Approved March 19, 1934- 



G. L. (Ter. 
Ed.), 31, 
§15A, 
amended. 



Kiiiployees of 
state, etc., n(it 
to be certitied 
for temporary 
employnieiit. 
Exceptions. 



G. L. (Ter. 
Ed.), 33, §90, 
etc., amended. 



An Act regulating the appointment of certain com- (7/i^r) 1()G 

MISSIONED OFFICERS OF THE NATIONAL GUARD. ^' 

Be it enacted, etc., as follows: 

Section ninety of chapter thirty-three of the General 
Laws, as appearing in the Tercentenary Edition thereof and 
as amended by chapter seventeen of the acts of nineteen 
hundred and thirty-three, is hereby further amended by 
striking out the paragraph contained in lines sixty-three to 
sixty-five, inclusive, as so appearing, and inserting in place 
thereof the following : — 

All other officers of the line shall be appointed by the com- 
mander-in-chief from said list upon the recommendation of 
regimental or separate unit commanders, approved by the 
commanding oflacers of superior administrative units, if any. 

Approved March 19, 1934. 



Appointment 
of certain 
commissioned 
officers of tlie 
national 
guard. 



An Act making the law providing for vacations for Chav. 107 

MEMBERS OF THE POLICE AND FIRE FORCES IN TOWNS 
APPLICABLE IN CITIES. 

Be it enacted, etc., as follows: 

Section one hundred and eleven A of chapter forty-one 
of the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by striking out, in the fourth 
line, the words "The provisions of this section shall not 
apply in cities", — so as to read as follows: — Section 111 A. 
In any town which accepts this section, all members of its 
regular or permanent police or fire force may be granted a towns 
vacation of not less than two weeks during each year of their 
employment, without loss of pay. 

Approved March 29, 1934. 



G. L. (Ter. 
Ed.), 41, 

§niA, 

amended. 



Vacations for 
police and 
firemen in 



no 



Acts, 1934. — Chaps. 108, 109. 



Chap. 108 



O. L. (Ter. 
Ed.), 112, 
§46, amended. 



Academic year 
of dental col- 
leges, defined. 



An Act relative to the academic year of dental 

colleges. 

Be it enacted, etc., as follows: 

Section forty-six of chapter one hundred and twelve of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the sixteenth 
and seventeenth lines, the words "of six days each" so that 
clause Third will read as follows: — 

Third, It shall give a course of not less than four separate 
academic years to matriculants who are graduates of ac- 
credited high schools or who present proof of equivalent 
training, or a course of not less than three separate academic 
years to matriculants who present satisfactory proof of 
having successfully completed two years of appropriate 
pre-dental training in a college or university authorized to 
grant degrees. Each academic year shall consist of not less 
than thirty-two weeks. Approved March 29, 1934. 



CJiap. 109 ^N Act further regulating the sale of cord, fire and 

KINDLING WOOD. 



G. U. (Ter. 
Ed.), 94, 
5298, 
amended. 



Cord wood, 
dimensions. 
Standard unit 
defined. 



Be it enacted, etc., as follows: 



of 



Section 1. Section two hundred and ninety-eight 
chapter ninety-four of the General Laws, as appearing in 
the Tercentenary Edition thereof, is hereby amended by 
inserting after the word "feet" in the fourth line the fol- 
lowing : — and more than eight inches, — and by adding 
at the end thereof the following: — The term "kindling 
wood" shall be construed to mean and include all split wood, 
edgings, clippings or other waste wood averaging eight 
inches or less in length. Except as provided by sections two 
hundred and forty-three and two hundred and forty-seven, 
the standard unit of measure for kindling wood shall be the 
bushel of two thousand one hundred and fifty and forty-two 
hundredths cubic inches, — so as to read as follows : — Sec- 
tion 298. Cord wood sold or offered or exposed for sale shall 
be four feet in length, including half the kerf. The term 
"firewood" shall be construed to mean and include wood 
cut to any lengths of less than four feet and more than eight 
inches. The standard unit of measure for cord wood or fire- 
wood shall be the "cord" of one hundred and twenty-eight 
cubic feet consisting of or equivalent to a pile, closely stacked, 
eight feet in length, four feet in width and four feet in height. 
The term "kindhng wood" shall be construed to mean and 
include all split wood, edgings, chppings or other waste 
wood averaging eight inches or less in length. Except as 
provided by sections two hundred and forty-three and two 
hundred and forty-seven, the standard unit of measure for 
kindling wood shall be the bushel of two thousand one hun- 
dred and fifty and forty-two hundredths cubic inches. 



Acts, 1934. — Chap. 110. 



Ill 



Section 2. Section two hundred and ninety-nine of said g. l. ('r,.r 
chapter ninety-four, as so appearing, is hereby amended by ^299, °^' 
striking out, in the third and fourth Hnes, the words ", or as amended, 
soon thereafter as practicable " , — so as to read as follows: — 
Section 299. Whoever, except as otherwise provided, sells certificate, 
cord wood or firewood, shall cause a certificate or memoran- o{''";j,"„',',''" 
dum to be issued and delivered to the purchaser or his agent Penalty.' 
at the time of delivery of the wood. Such certificate or 
memorandum shall include the names and addresses of the 
seller and of the purchaser, and a statement of the quantity 
of wood delivered, in terms of cords or of cubic feet. Whoever 
violates any provision of this or the preceding section shall 
be punished by a fine of not more than fifty dollars. 

Approved March 29, 1934. 



tule 



G. L. (Tpr. 
Rd.), 175, 
§102, ptc, 
.amended. 



Fjiiek of sworn 
statcmfint of 
loss UMiler fire 
policies not to 
be taken nd- 
vniitiii;!' of liy 
coni|)iiny. 



An Act relative to the filing of sworn statements CJiav. 1 10 

UNDER the standard FIRE INSURANCE POLICY. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws, as amended in section one hundred and two 
by section one of chapter one hundred and seventy-four of 
the acts of nineteen hundred and thirty-two, is hereby further 
amended by striking out said section one hundred and two and 
inserting in place thereof the following: — Section 102. The 
failure of the insured under a fire policy in the standard form 
prescribed by section ninety-nine to render the sworn state- 
ment specified therein forthwith upon the occurrence of 
loss or damage by fire shall not preclude recovery therefor, 
if the insured, forthwith upon the occurrence thereof, gives 
written notice of the fire, and the location thereof, to the 
company and if the insured, immediately upon receipt of 
any written request so to do made by the company forthwith 
after it receives such written notice, renders such sworn 
statement to the company. If, after receiving such written 
notice, the company does not forthwith make a written 
request for the sworn statement, the periods of time within 
which the company shall, ns provided in such policy, pay 
the amount for which it is liable, or replace the property, or 
notify the insured of its intention to rebuild or repair the 
premises, shall be computed from the time when the com- 
pany receives such written notice. 

If such an insured fails both to render a sworn statement 
as required by the policy and to give such a written notice as 
aforesaid and if the company sends an agent or representative 
to the insured for the purpose of investigating, estimating or 
appraising the loss or damage or adjusting the claim therefor, 
such failure shall not preclude recovery under the poHcy; 
provided, that the insured, immediately upon receipt of any 
written request so to do made by the company forthwith 
after the sending of an agent or representative as aforesaid, 
renders said sworn statement to the company. If, after 



112 Acts, 1934. — Chap. 111. 

sending the agent or representative as aforesaid, the company 
does not forthwith make a written request for the said sworn 
statement, the periods of time aforesaid shall be computed 
from the time when the agent or representative was so sent. 

If such an insured renders said sworn statement forthwith 
in compliance with a written request made by the company as 
hereinbefore provided, the periods of time aforesaid shall be 
computed from the time when the company receives said 
sworn statement. 

A written notice under this section may be given, and the 
sworn statement specified in said standard form may be 
rendered, to the company at its home office or at the office 
of the agent who issued or executed the policy or to the said 
agent. 

The provisions of this section shall also apply in case of 
claims for loss or damage from any hazard other than fire 
insured against under such a policy. 

Section 2. This act shall not apply in case of claims for 
loss or damage under policies of insurance issued prior to 
its effective date. 

Approved March 29, 1934. 



ChaiJ 111 -^N ^^'^ RELATIVE TO THE FILING OF NOMINATION PAPERS BY 
INDEPENDENT CANDIDATES FOR STATE OFFICES AT SPECIAL 
ELECTIONS. 

Be it enacted, etc., as follows: 

o. ]j. (Ter. Section ten of chapter fifty-three of the General Laws, 

^tc'^' amended' ^^ Hiost rcccntly amended by section two of chapter three 

hundred and thirteen of the acts of nineteen hundred and 

thirty-three, is hereby further amended by striking out, in 

the tenth line, as appearing in the Tercentenary Edition of 

the General Laws, the words "eleventh day" and inserting 

in place thereof the words : — fourth Tuesday, — so that the 

Certificntes of fifst paragraph will read as follows: — Certificates of nom- 

nomination, ination of Candidates for offices to be filled by all the voters 

filing!'""' " of the commonwealth, except for presidential electors, shall 

be filed on or before the seventh Monday, and of all other 

candidates for offices to be filled at a state election, including 

presidential electors, on or before the fifth Thursday, and 

nomination papers of all candidates for offices to be filled at 

a state election, on or before the twelfth Tuesday, preceding 

the day of the election; but if there is a special election to 

fill any state office, certificates of nomination shall be filed 

on or before the twelfth day, and nomination papers on or 

before the fourth Tuesday, preceding the day of such election. 

Approved March 29, 1934. 



Acts, 1934. — Chaps. 112, 113. 



113 



G. L. (Ter. 
Kil.), 138, 
§28, etc.. 
amended. 



An Act authorizing the sale of alcoholic beverages by Chap. 112 

LICENSED WHOLESALERS AND MANUFACTURERS THEREOF TO 
MANUFACTURERS OF FOOD PRODUCTS, INCLUDING ICE 
CREAM, AND TO MANUFACTURERS OF CERTAIN DRUGS AND 
CHEMICALS. 

Be it enacted, etc., as follows: 

Section twenty-eight of chapter one hundred and thirty- 
eight of the General Laws, as appearing in section two of 
chapter three hundred and seventy-six of the acts of nineteen 
hundred and thirty-three, is hereby amended by inserting 
after the word "commonwealth" in the sixth hne the fol- 
lowing : — , and to manufacturers of food products, including 
ice cream, for use only in connection with the manufacture of 
such products, and to manufacturers of drugs and chemicals 
for use only in the manufacture or preparation of articles 
mentioned in section thirty-five of chapter one hundred and 
twelve, — so as to read as follows : — Section 28. The holder 
of a license under section eighteen or nineteen may sell 
alcoholic beverages to churches and religious societies, edu- 
cational institutions licensed under section fourteen, incor- 
porated hospitals and homes for aged people whose real or 
personal property is exempt from taxation under the laws 
of the commonwealth, and to manufacturers of food products, 
including ice cream, for use only in connection with the manu- 
facture of such products, and to manufacturers of drugs and 
chemicals for use only in the manufacture or preparation of 
articles mentioned in section thirty-five of chapter one 
hundred and twelve, in such quantities and subject to such 
restrictions as the commission may by regulation prescribe. 
The holder of such a license may also sell and deliver such 
beverages to any person on any federal or state military or 
naval reservation authorized by the commanding officer 
thereof to purchase and receive the same. 

Approved March 29, 1934. 



S.ile of alco- 
holic bever- 
ases to certain 
religious, etc., 
societies. 



An Act requiring that the attorney general be made a (Jfiav. 113 

PARTY IN certain PROCEEDINGS RELATIVE TO THE PROBATE 
OF WILLS. 



Be it enacted, etc., as follows: 

Chapter one hundred and ninety-two of the General Laws 
is hereby amended by inserting after section one, as appearing 
in the Tercentenary Edition thereof, the following new 
section: — Section lA. If it appears in the petition for the 
probate of a will or letters testamentary that there is no 
husband, widow or heir at law of such deceased person 
known to be living, the attorney general shall be made a 
party to the petition and shall be given notice of all pro- 
ceedings relative to the probate of the will or granting of 
letters testamentary. 

Approved March 29, 1934. 



G. L. (Ter. 
Ed.), 192, 
new section 
lA, added. 

Attorney gen- 
eral to be 
made a party 
in certain pro- 
bate matters. 



114 Acts, 1934. — Chaps. 114, 115. 



Chap. 114 An Act relative to the sale of magazines and other 

PERIODICALS BY MINORS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scctioii nineteen of chapter one hundred and one of the 

Ed.), 101 General Laws, as appearing in the Tercentenary Edition 
■ ■ ' ■""^"* ** ■ thereof, is hereby amended by inserting after the word 
"seventeen", in the fourteenth hne, the words: — , except 
that a badge so issued may authorize, in addition, the sale of 
magazines and other periodicals, — so as to read as follows: — 
Regiii.iiioii of Section 19. The aldermen or selectmen may make regulations 
zines"^etr^'b consisteut with the general laws relative to the exercise of the 
minors. " trade of bootblacking by minors, and to the sale or barter by 
minors of any goods, wares or merchandise the sale of which 
is permitted without a license by section seventeen, and may 
prohibit such trade or such sales, or may require a minor to 
obtain from them a permit therefor to be issued on terms 
and conditions prescribed in such regulations; provided, that 
in the case of girls under the age of eighteen years and of 
boys under the age of sixteen years the foregoing powers in 
cities shall be vested in and exercised by the school committee. 
No permit issued to a minor under this section nor badge 
issued to him under sections sixty-nine to seventy-three, in- 
clusive, of chapter one hundred and forty-nine shall authorize 
the sale by a minor of any article, other than those which 
may be sold without a license under section seventeen, 
except that a badge so issued may authorize, in addition, the 
sale of magazines and other periodicals. A minor who sells 
such article or exercises such trade without a permit, if one 
is required, or who violates the conditions of his permit or- 
any provision of said regulations, shall be punished by a fine 
of not more than ten dollars. Approved March 29, 1934. 



Chap. 115 An Act PROVIDING for the filing with the supervisor of 

MARINE FISHERIES OF COPIES OF RULES AND REGULATIONS 
MADE BY CITIES AND TOWNS UNDER THE MARINE FISHERIES 
LAWS AND FOR NOTIFYING HIM OF PERMITS AND LICENSES 
ISSUED UNDER SAID LAWS. 

Be it enacted,^ etc., as follows: 

G. L. (Ter. SECTION 1. Chapter one hundred and thirty of the General 

K(i.), i;io, Laws, inserted therein by section two of chapter three hun- 
en, added. dred and twenty-nine of the acts of nineteen hundred and 

thirty-three, is hereby amended by inserting after section six 
Copies ot mu- ^ thc followiug ucw scction : — Section 6B. On the first 
nicipai rules, Mouday of cach month, the clerk of each city or town border- 
marine" ath- ing on the coastal waters shall file with the supervisor a 
eries ip^'s to Certified copy of all rules and regulations relating to fish 
supervisor of which havc been made during the preceding month by the 
eHes"^ ^^^ aldermen or selectmen under authority of any general 

or special law relating to marine fisheries, and said clerk shall 



Acts, 1934. — Chaps. 116, 117. 115 

also upon request notify the supervisor in writing of all 
licenses or permits issued by him during such month under 
authority thereof. 

Section 2. Within one month after the effective date of 
this act, the clerk of each city or town bordering on the coastal 
waters, as defined in section one of chapter one hundred and 
twenty-nine A of the General Laws, inserted therein by sec- 
tion one of chapter three hundred and twenty-nine of the 
acts of nineteen hundred and thirty-three, shall furnish the 
supervisor of marine fisheries with a certified copy of all the 
rules and regulations relative to marine fish and marine 
fisheries then in force in his town. 

Approved March 29, 1934. 



An Act providing for suit by an heir as well as by a Chap. 116 

LEGATEE OR CREDITOR IN CASE AN EXECUTOR OR ADMIN- 
ISTRATOR REFUSES OR IS UNABLE TO SUE. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and thirty of the ^;,y<jJo'"' 
General Laws, as appearing in the Tercentenary Edition §'5,'!imen(]ed. 
thereof, is hereby amended by striking out, in the fourth 
and sixth fines, the article "a" and inserting in place thereof, 
in each instance, the words : — an heir, — so as to read as 
follows: — Section 5. It shall be unnecessary to remove an L,.-Mtee, etc., 
executor or administrator in order that an action or suit to l^i[l^J'^ 
enforce a claim in favor of the estate may be brought by an force claim 
administrator to be appointed in his place, when he refuses en'rtorretc.. 
to bring such action or suit at the request of an heir, legatee retuses. etc*, 
or creditor, or is unable to do so by reason of his interest or 
otherwise, but an heir, legatee or creditor having an interest 
in the enforcement of any such claim may bring a suit in 
equity to enforce it for the benefit of the estate in like cir- 
cumstances and in like manner as a person beneficially in- 
terested in a trust fund may bring a suit to enforce a claim in 
favor of such fund, and in case of such a suit in respect to 
real estate, it shall not be an obstacle to the suit that a license 
to sell it has not been obtained by the executor or admin- 
istrator. Approved March 29, 1934. 



An Act to reduce the membership of the board of engi- Chap. 117 

NEERS of the FIRE DEPARTMENT OF THE CITY OF HAVER- 
HILL. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-five of the 
acts of eighteen hundred and ninety-three is hereby amended 
by striking out section one and inserting in place thereof the 
following : — Section 1 . The fire department of the city of 
Haverhill shall consist of a chief of the department, and two 
assistant engineers, who are to be designated as deputy 



116 Acts, 1934. — Chap. 118. 

chiefs and who, together with said chief, shall constitute a 
board of engineers, and as many enginemen, hosemen, hook- 
and-ladder men, and other persons, permanent and call, as 
the care, management and equipment of the fire apparatus 
of said city shall from time to time require. 

Section 2. Section two of said chapter one hundred and 
thirty-five is hereby repealed. 

Section 3. This act shall take effect upon its acceptance, 
during the current year, by vote of the city council of the 
city of Haverhill, subject to the provisions of its charter. 

Approved March 29, 1934. 



Chap. 118 An Act relative to the terms of office of members of 

WARD committees IN CASE OF A REDIVISION OP A CITY 
INTO WARDS. 

Be it enacted, etc., as follows: 

Q. L. (Ter. Scctiou scveu of chapter fifty-two of the General Laws, as 

^7^, i'lneii'ded. appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out the words "state primary" where 
they appear in the second, fourth and sixth lines and insert- 
ing in place thereof, in each instance, the words : — party 
wiird com- primaries, — so as to read as follows: — Section 7. The 
mittees, terms terms of officc of the members of the ward committees of a 
members °of, city clccted at the biennial party primaries next preceding a 
upon redivi- rcdivisioD thereof into wards shall terminate on the twentieth 
into wards.'^'^ day after the holding of the next following biennial party 
primaries; and the terms of office of the members of the ward 
committees of such city elected at said next following bien- 
nial party primaries shall commence on said twentieth day, 
or as soon thereafter as the several ward committees shall 
organize, which shall be within ten days after said twentieth 
day, and shall continue for two years from January first 
following their election and until their successors shall have 
organized. 

Upon the redivision of a city into wards the treasurer of 
each ward committee of a ward affected by such redivision 
shall, before the termination of office of the members thereof, 
pay over to the treasurer of the city committee representing 
the same political party such funds of the ward committee 
as he has in his possession after paying all bills. In the state- 
ments required under section seventeen of chapter fifty-five, 
the treasurer of the ward committee making such payment 
shall report it as a disbursement and the treasurer of the city 
committee receiving it shall report it as a receipt. 

Approved March 29, 1934. 



Acts, 1934. — Chaps. 119, 120. 



117 



An Act designating the chief engineer of the fire de- (JJiap^ XI9 

PARTMENT OF THE CITY OF HAVERHILL AS CHIEF OF THE 
FIRE DEPARTMENT OF SAID CITY, AND PLACING THE OFFICE 
OF SAID CHIEF UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The chief engineer of the fire department of 
the city of Haverhill shall hereafter be designated as the chief 
of the fire department of said city. 

Section 2. The office of chief of the fire department of the 
city of Haverhill shall, upon the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to the appointment and removal of perma- 
nent members of fire departments of cities, and the tenure of 
office of any incumbent thereof shall be unlimited, except 
that he may be removed in accordance with such laws and 
rules and regulations; but the person holding said office on 
said effective date may continue to serve as such without 
taking a civil service examination. 

Section 3. This act shall be submitted to the registered 
voters of said city at the municipal election in the current 
year in the form of the following question which shall be 
placed upon the official ballot to be used at said election: 
"Shall an act of the general court passed in the current year, 
entitled 'An Act designating the Chief Engineer of the Fire 
Department of the City of Haverhill as Chief of the Fire 
Department of Said City and placing the Office of Said Chief 
under the Civil Service Laws', be accepted?" If a majority 
of the voters voting thereon vote in the affirmative in answer 
to said question, this act shall thereupon take full effect, 
but not otherwise. Approved March 29, 1934- 



An Act authorizing the Massachusetts state guard (Jjidr) 120 
veterans and regular organized units thereof to 
drill and parade with firearms in public. 

Be it enacted, etc., as follows: 

Section sixty of chapter thirty-three of the General Laws, o. l. (Ter. 
as appearing in the Tercentenary Edition thereof and as ^^a^'^^- 
amended by section one of chapter one hundred and fifty- 
three of the acts of nineteen hundred and thirty-three, 
is hereby further amended by inserting after the word 
"League" in the thirty-sixth line the words: — and The 
Massachusetts State Guard Veterans and regularly organ- 
ized units thereof, — so as to read as follows : — Section 60. 
No body of men, except the volunteer militia, the troops of 
the United States and the Ancient and Honorable Artillery 
Company of Boston, except as provided in the following 
section, shall maintain an armory, or associate together at 
any time as a company or organization, for drill or parade 
with firearms, or so drill or parade; nor shall any town raise 
or appropriate money toward arming, equipping, uniforming. 



amended. 



Massachusetts 
state guard 
veterans may 
drill and 
l)arade with 
firearms. 



118 Acts, 1934. — Chap. 120. 

supporting or providing drill rooms or armories for any such 
body of men; provided, that associations wholly composed 
of soldiers honorably discharged from the service of the 
United States may parade in public with arms, upon the 
reception of any regiment or company of soldiers returning 
from said service, and for escort duty at the burial of de- 
ceased soldiers, with the written permission of the aldermen 
of the city or selectmen of the town where they desire to 
parade; that students in educational institutions where 
military science is a prescribed part of the course of instruc- 
tion may, with the consent of the governor, drill and parade 
with firearms in public, under the superintendence of their 
teachers; that members of schools for military instruction 
conducted with the approval of the governor, may drill and 
parade with firearms in public, under the supervision of their 
instructors; that foreign troops whose admission to the United 
States has been consented to by the United States govern- 
ment may, with the consent of the governor, drill and parade 
with firearms in public; and any body of men may, with the 
consent of the governor, drill and parade in public with any 
harmless imitation of firearms approved by the adjutant 
general; that regularly organized posts of the Grand Army 
of the Republic, and of The American Legion, and regularly 
organized camps of the United Spanish War Veterans and 
regularly organized posts of the Veterans of Foreign Wars of 
the United States, and of the Jewish War Veterans of the 
United States, and regularly organized detachments of the 
Marine Corps League and The Massachusetts State Guard 
Veterans and regularly organized units thereof may drill and 
parade with firearms in public, under the supervision of their 
duly authorized officers; that the Kearsarge Association of 
Naval Veterans, Inc., may at any time parade in public 
their color guards of not more than twelve men armed with 
firearms, that the Society of Colonial Wars in the Common- 
wealth of Massachusetts, the Order of the Founders and 
Patriots of America, the Massachusetts Society of the Sons 
of the American Revolution, the Society of the Sons of the 
Revolution in the Commonwealth of Massachusetts, the 
Society of the War of 1812 in the Commonwealth of Massa- 
chusetts, and regularly organized branches of any of said 
societies may at any time parade in public their uniformed 
color guards of ten men with firearms; that regularly or- 
ganized camps of the Sons of Veterans may at any time 
parade in public their color guards of ten men with firearms; 
and that any organization heretofore authorized by law may 
parade with side-arms; and any veteran association composed 
wholly of past members of the militia of the commonwealth 
may maintain an armory for the use of the organizations of 
the militia to which its members belonged; provided, that 
such drill or parade is not in contravention of the laws of the 
United States. 

Approved March 29, 193 It. 



Acts, 1934. — Chap. 121. 119 



An Act relative to the manner of serving alcoholic (Jliap^ 121 

BEVERAGES IN TAVERNS AND CLUBS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and o. i.. ( rer. 
thirty-eight of the General Laws, as appearing in section If/etc'^f^' 
two of chapter three hundred and seventy-six of the acts of amended. 
nineteen hundred and thirty-three, is hereby amended by 
inserting after the word "tables" in the eighty-first line the 
words: — or sitting at counters equipped with stools, — so 
that the sentence contained in the seventy-eighth to the 
eighty-second lines, inclusive, will read as follows: — "Tav- "Tavern" 
ern", an establishment where alcohoHc beverages may be 
sold, as authorized by this chapter, with or without food, 
to be served to and drunk by patrons sitting at tables or 
sitting at counters equipped with stools in plain view of other 
patrons, all entrances to which shall open directly from a 
public way. 

Section 2. Section twelve of said chapter one hundred g. l. (Ter. 
and thirty-eight, as so appearing, is hereby amended by fiV'eJc^.,^' 
inserting after the word "or" in the twentieth line the amended. 
word: — sitting, — and by inserting after the word "tables" 
in the forty-first line the words : — or sitting at counters 
equipped with stools, — so that the first and second para- 
graphs of said section will read as follows: — A common omntingof 
victualler duly licensed under chapter one hundred and forty licenses. 
to conduct a restaurant, an innholder duly licensed under 
said chapter to conduct a hotel and a keeper of a tavern as 
defined by this chapter, in any city or town wherein the 
granting of licenses to sell all alcoholic beverages or only 
wines and malt beverages, as the case may be, is authorized 
by this chapter, subject however, in the case of a tavern, to 
the provisions of section eleven A, may be licensed by the 
local licensing authorities, subject to the prior approval of 
the commission after investigation except as provided in 
section twenty-three, to sell to travelers, strangers and other 
patrons and customers not under twenty-one years of age, 
such beverages to be served and drunk, in case of a hotel or 
restaurant licensee, only in the dining room or dining rooms 
and in such other public rooms or areas of a hotel as the local 
licensing authorities may deem reasonable and proper, and 
approve in writing, and, in the case of a hotel, restaurant or 
tavern licensee, only served to and drunk by patrons sitting 
at tables or sitting at counters equipped with stools; and 
provided, further, that no alcoholic beverage shall be served 
to or drunk by a woman in a tavern; and provided, further, 
that no tavern license shall be granted to the holder of a 
hotel license hereunder. Such sales may also be made by 
licensed innholders to registered guests occupying private 
rooms in their hotels. During such time as the sale of such 
alcoholic beverages is authorized in any city or town under 
this chapter, the authority to grant licenses to innholders and 



120 



Acts, 1934. — Chaps. 122, 123. 



common victuallers therein under chapter one hundred and 
forty shall be vested in the local licensing authorities. 
Club licenses. Any club in any city or town wherein the granting of 
licenses to sell alcoholic beverages, or only wines and malt 
beverages, as the case may be, is authorized under this chap- 
ter may be hcensed by the local licensing authorities, subject 
to the approval of the commission after investigation, to 
sell such beverages to its members only, and also, subject to 
regulations made by the local licensing authorities, to guests 
introduced by members, and to no others, and provided 
further that such beverages shall be served to and drunk by 
members or guests only sitting at tables or sitting at counters 
equipped with stools. Approved March 29, 1934. 



Chap. 122 An Act repealing certain provisions of law relative to 

THE VOTING RIGHTS OF THE INHABITANTS OF THE TERRITORY 
RECENTLY SET OFF FROM THE TOWN OF SAUGUS AND ANNEXED 
TO THE TOWN OF WAKEFIELD. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and ninety-eight of 
the acts of nineteen hundred and thirty-three is hereby 
repealed. Approved April 2, 1934. 



G. L. (Ter. 
Ed.), 71. 
§42, aiiieniied. 



Suspension 
and discharge 
of public 
school 

teachers and 
superin- 
tendents. 



Chap. 123 An Act relative to the dismissal of public school 

TEACHERS AND SUPERINTENDENTS. 

Be it enacted, etc., as follows: 

Chapter seventy-one of the General Laws is hereby amended 
by striking out section forty-two, as appearing in the Ter- 
centenary Edition thereof, and inserting in place thereof the 
following : — Section 42. The school committee may dismiss 
any teacher, but in every town except Boston no teacher or 
superintendent, other than a union or district superintendent, 
shall be dismissed unless by a two thirds vote of the whole 
committee. In every such town a teacher or superintendent 
employed at discretion under the preceding section shall not 
be dismissed, except for inefficiency, incapacity, conduct 
unbecoming a teacher or superintendent, insubordination or 
other good cause, nor unless at least thirty days, exclusive of 
customary vacation periods, prior to the meeting at which 
the vote is to be taken, he shall have been notified of such 
intended vote; nor unless, if he so requests, he shall have been 
furnished by the committee with a written charge or charges 
of the cause or causes for which his dismissal is proposed ; nor 
unless, if he so requests, he has been given a hearing before 
the school committee which may be either pubHc or private 
at the discretion of the school committee and at which he 
may be represented by counsel, present evidence and call 
witnesses to testify in his behalf and examine them ; nor unless 
the charge or charges shall have been substantiated; nor 



Acts, 1934. — Chaps. 124, 125. 121 

unless, in the case of a teacher, the superintendent shall have 
given the committee his recommendations thereon. Neither 
this nor the preceding section shall affect the right of a com- 
mittee to suspend a teacher or superintendent for unbecoming 
conduct, or to dismiss a teacher whenever an actual decrease 
in the number of pupils in the schools of the town renders 
such action advisable. No teacher or superintendent who has 
been lawfully dismissed shall receive compensation for services 
rendered thereafter, or for any period of lawful suspension 
followed by dismissal. Approved April 3, 1934- 

An Act AUTHORIZING PUBLIC RELIEF AND SUPPORT NOTWITH- CJ^qt) 124 
STANDING THE OWNERSHIP OF CERTAIN LIFE INSURANCE 
POLICIES. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and seventeen of the o. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition f^{'; amended, 
thereof, is hereby amended by adding at the end thereof the 
following new sentence : — The ownership of a life insurance 
policy in an amount not exceeding three hundred dollars shall 
not preclude relief and support hereunder if the owner of said 
policy is otherwise entitled to the same, — so as to read as 
follows: — Section 1. Every town shall relieve and support cities and 
all poor and indigent persons lawfully settled therein when- |,",^"^/° 
ever they stand in need thereof. The ownership of a life poor. 
insurance policy in an amount not exceeding three hundred 
dollars shall not preclude relief and support hereunder if the 
owner of said policy is otherwise entitled to the same. 

{The foregoing was laid before the governor on the twenty- 
seventh day of March, 1934, and after five days it had "the force 
of a law", as prescribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 

An Act authorizing the town of oak bluffs to purchase nhrj^ 195 

CERTAIN BEACH PROPERTY LOCATED IN SAID TOWN AND TO ^' 
LEASE THE PROPERTY SO PURCHASED. 

Be it enacted, etc., as follows: 

Section 1. The town of Oak Bluffs may purchase, for use 
as a playground or recreation center, such part of the beach 
property located in said town as it may by vote determine, 
and the board of selectmen of said town may, if and as author- 
ized by vote of the town, lease, for terms not exceeding ten 
years each, such part of the property so purchased as the town 
by vote may determine. 

Section 2. For the purpose of purchasing said property as 
aforesaid, the town of Oak Bluffs may borrow from time to 
time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding, in the 
aggregate, thirty-five thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 



122 Acts, 1934. — Chaps. 126, 127. 

Town of Oak Bluffs, Beach Loan, Act of 1934. Each author- 
ized issue shall constitute a separate loan, and such loans 
shall be paid in not more than ten years from their dates, but 
no issue shall be authorized under this act unless a sum equal 
to an amount not less than ten per cent of such authorized 
issue is voted for the same purpose to be raised by the tax 
levy of the year when authorized. Indebtedness incurred 
under this act shall be outside the statutory limit but shall, 
except as provided herein, be subject to chapter forty-four 
of the General Laws, exclusive of the limitation contained in 
the first paragraph of section seven thereof, as appearing in 
the Tercentenary Edition thereof. 

Section 3. This act shall take effect upon its passage. 

Approved April 4, 1934. 

Chap. 126 An Act providing for the maintenance and repair of 

THE memorial ERECTED BY THE COMMONWEALTH ON THE 
SITE OF THE MYLES GARRISON HOUSE IN THE TOWN OF 

SWANSEA. 

Be it enacted, etc., as follows: 

The department of public works shall maintain and keep 
in repair the memorial erected by the commonwealth under 
the provisions of chapter eleven of the resolves of nineteen 
hundred and eleven on the site of the Myles Garrison house, 
so called, in the town of Swansea. 

Approved April 4, 1934. 

ChaV 127 ^^ ^^'^ ELIMINATING CERTAIN UNNECESSARY PROVISIONS OF 
' LAW RELATIVE TO THE ENUMERATION OF SUMMER RESIDENTS 

IN CERTAIN TOWNS. 

Be it enacted, etc., as follows: 
G. h. (Ter. Sectiou nine of chapter nine of the General Laws, as ap- 

finen/e'/^' pcariug iu the Tercentenary Edition thereof, is hereby 
amended by striking out all after the word "enumeration" 
in the fifth line down to and including the word "thirty- 
state census eight" iu the seventh line, — • so as to read as follows: — Sec- 
iVuties^^tf"' ^^^^ ^- '^^^ secretary shall, with the approval of the governor 
and council, appoint, and may, with like approval, remove, a 
competent person to be known as the state census director. 
Said director, under the supervision of the secretary, shall 
have charge of compiling information in connection with 
said decennial census and enumeration. He shall perform 
such other duties as the secretary determines. The secretary 
may appoint and remove such temporary officers, clerks and 
other assistants as are necessary to assist him in performing 
the duties required in connection with said enumeration and 
census. Appointments under this section shall not be subject 
to chapter thirty-one. For the purposes of such enumeration 
and census, the secretary or the state census director may 
require the attendance and testimony of witnesses and the 



Acts, 1934. — Chaps. 128, 129. 123 

production of books and documents, and may examine wit- 
nesses on oath; and such witnesses shall be examined in the 
same manner and be paid the same fees as witnesses in civil 
actions before the courts. Approved April 4, 1934- 

An Act placing the office of chief engineer of the (jJiqt) 128 

FIRE department OF THE CITY OF QUINCY UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief engineer of the fire depart- 
ment of the city of Quincy shall, upon the effective date of 
this act, become subject to the civil service laws and rules and 
regulations relating to the appointment and removal of 
permanent members of fire departments of cities, and the 
term of office of any incumbent thereof shall be unlimited, 
except that he may be removed in accordance with such 
laws and rules and regulations; but the person holding said 
office on said effective date shall continue to serve as such 
without taking a civil service examination. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Quincy at the state elec- 
tion in the current year in the form of the following question 
which shall be placed upon the official ballot to be used in 
said city at said election: "Shall an act of the general court 
passed in the current year, entitled 'An Act placing the 
Office of Chief Engineer of the Fire Department of the City 
of Quincy under the Civil Service Laws', be accepted?" If 
a majority of the voters voting thereon vote in the affirma- 
tive in answer to said question, this act shall thereupon take 
full effect, but not otherwise. Approved April 4, 1984. 

An Act regulating the disposition of starfish caught (Jliap^ 129 

IN OR TAKEN FROM THE COASTAL WATERS OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws or.. (Ter. 
is hereby amended by inserting after section eighty-four, as ne„?;Jgtj"'u 
appearing in section two of chapter three hundred and twenty- 84A, added, 
nine of the acts of nineteen hundred and thirty-three, the 
following new section: — Section 84A. Whoever catches in, siaifisu, 
or takes from, the coastal waters any starfish shall deposit PeiaTty."^' 
such starfish at some place above high water mark or at some 
suitable place designated by the selectmen of the town wherein 
such disposition is made. Whoever violates any provision of 
this section shall be punished by a fine of five dollars and, 
in addition thereto, all permits or licenses issued to such 
person under authority of this chapter shall be void and no 
new permit or license shall be issued to him under such au- 
thority within the six months next following the date of his 
conviction, except upon approval of the supervisor. 

Approved April 4, 1934- 



124 Acts, 1934. — Chaps. 130, 131. 

Chap. 130 An Act relative to expenditures by the department of 

EDUCATION DURING THE CURRENT YEAR IN AIDING STUDENTS 
IN STATE TEACHERS COLLEGES. 

Be it enacted, etc., as follows: 

Subject to appropriation, the department of education may, 
during the current fiscal year, expend under section five of 
chapter seventy-three of the General Laws, as amended by 
section fifteen of chapter one hundred and twenty-seven of 
the acts of nineteen hundred and thirty-two, not more than 
six thousand dollars in aiding students in state teachers 
colleges, including the Massachusetts school of art, notwith- 
standing and in lieu of the limitation of amount of such 
expenditures contained in said section five. 

Approved April I^, 1934- 

ChaiJ 131 ^^ ^^'^ RELATIVE TO THE COLLECTION OF LOCAL TAXES AFTER 
FAILURE TO COLLECT THE SAME BY TAX SALES BECAUSE OP 
CERTAIN INVALID PROCEEDINGS. 

Be it enacted, etc., as follows: 

G L (Ter SECTION 1. Sectiou forty-six of chapter sixty of the General 

Ed.)," 60, " Laws, as appearing in the Tercentenary Edition thereof, is 
§46. amended, j^gj.gjjy amended by adding at the end thereof the following 

new paragraph : — 
DisiiiMiKeof Upon such payment except in case an assignment and 

title deed, transfer is given to the town, the collector shall cause a surren- 

**'^' der and discharge of the tax title deed to be recorded in the 

proper registry of deeds; and thereupon, if the error, omission 
or informality by reason of which it appears that the purchaser 
has no claim upon the property sold occurred in the assess- 
ment of the tax or assessment, the collector shall notify the 
board by which the tax or assessment was laid, which shall 
forthwith reassess it as provided in section seventy-seven of 
chapter fifty-nine, and if it occurred in the proceedings of 
the collector, he shall forthwith proceed to collect the unpaid 
tax or assessment in conformity to law. 
G. L. (Ter. SECTION 2. Scction thirty-sevcu of said chapter sixty, as 

f37!'efi!,' most recently amended by section one of chapter three hun- 

aiiie'nded. dred and twenty-five of the acts of nineteen hundred and 

thirty-three, is hereby further amended by striking out, in 
the fourth fine, the word "April" and inserting in place thereof 
the word : — January, — and by inserting after the word 
"after" in the fifteenth line the words: — a surrender and 
discharge under section forty-six or, — so as to read as 
Lien of tn:? follows: — Scction 37. Taxes assessed upon land, including 
estate "le! thosc assesscd uudcr sections twelve, thirteen and fourteen 

by sale, of chapter fifty-nine, shall with all incidental charges and fees 

vaiwity (if j^g ^ i[q^ thereon from January first in the year of assessment. 
Except as provided in section sixty-one, such lien shall ter- 
minate at the expiration of two years from October first in 
said year, if the estate has in the meantime been alienated 



Acts, 1934. — Chap. 132. 



125 



and the instrument alienating the same has been recorded, 
otherwise it shall continue until a recorded alienation thereof; 
but if while such lien is in force a tax sale or taking has been 
made, and the deed or instrument of taking has been duly 
recorded within sLxty days, but the sale or taking is invalid 
by reason of any error or irregularity in the proceedings sub- 
sequent to the assessment, the hen shall continue for ninety 
days after a surrender and discharge under section forty-six 
or a release, notice or disclaimer, under sections eighty-two 
to eighty-four, inclusive, has been duly recorded, or for ninety 
days after the sale or taking has been finally adjudged invalid 
by a court of competent jurisdiction. There shall be no lien 
for taxes reassessed if the property is alienated before the 
reassessment. Said taxes, if unpaid for fourteen days after 
demand therefor, may, with said charges and fees, be levied 
by sale of the real estate, if the lien thereon has not terminated. 
No tax title shall be held to be invahd by reason of any errors 
or irregularities in the proceedings of the collector which are 
neither substantial nor misleading. 

Section 3. So much of section two as amends the first 
sentence of said section thirty-seven shall take effect Decem- 
ber thirty-first of the current year. 

Approved April 4, 1934- 



Effective 
date. 



An Act authorizing the imposition of fees in certain Chap. 132 

RULES AND REGULATIONS OF THE DEPARTMENT OF LABOR 
AND INDUSTRIES AND VALIDATING THOSE HERETOFORE SET 
FORTH IN SAID RULES AND REGULATIONS. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter one hundred and forty- 
nine of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by inserting after the word 
"diseases" in the eleventh line the words: — , and rules and 
regulations pertaining to structural painting made hereunder 
may provide for the payment of reasonable fees, — so as to 
read as follows: — Section 6. It shall investigate from time 
to time employments and places of employment, and de- 
termine what suitable safety devices or other reasonable 
means or requirements for the prevention of accidents shall 
be adopted or followed in any or all such employments or 
places of employment; and also shall determine what suitable 
devices or other reasonable means or requirements for the 
prevention of industrial or occupational diseases shall be 
adopted or followed in any or all such employments or places 
of employment; and shall make reasonable rules, regulations 
and orders applicable to either employers or employees or 
both for the prevention of accidents and the prevention of 



Eiiiergi'iicy 
ineaiiible. 



G. L. (Ter. 
Ed.), 149, 
§6, amended. 



Investigation.') 
of department 
of labor and 
industries as 
to safety and 
health. Rules. 



126 



Acts, 1934. — Chaps. 133, 134. 



industrial or occupational diseases, and rules and regulations 
pertaining to structural painting made hereunder may provide 
for the payment of reasonable fees. 

Section 2. All fees collected prior to the effective date of 
this act under the assumed authority of rules and regulations 
pertaining to structural painting adopted under said section 
six are hereby declared to have been legally imposed, to the 
same extent as though this act had been in effect at the time 
of such adoption. Approved April 6, 1934. 



Cfmv. 133 ^N Act subjecting the offices of chief clerk and 

CASHIER IN THE DEPARTMENT OF THE ATTORNEY GENERAL 
TO THE CIVIL SERVICE LAWS. 



Emergency 
preamble. 



G. L. (Ter. 
K(l.), 12, 
§2, amended. 



Certain 
assistants of 
attorney 
general 
subject to 
civil service. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter twelve of the General 
Laws, as appearing in the Tercentenary Edition thereof, is 
hereby amended by inserting after the word "section" in 
the eighth line the words : — , other than those of chief clerk 
and cashier, — so as to read as follows : — Section 2. He may 
appoint such assistants as the duties of the department 
require and a chief clerk and, with the approval of the govern- 
or and council, shall fix their compensation. He may appoint 
a cashier and, subject to the approval of the governor and 
council, fix his salary. Such cashier shall give bond to the 
commonwealth in such sum as is determined by the at- 
torney general. He may, with the approval of the governor 
and council, employ additional legal assistance. Appoint- 
ments under this section, other than those of chief clerk and 
cashier, shall be exempt from chapter thirty-one. 

Section 2. The terms of office of the incumbents of the 
ofiices of chief clerk and cashier in the department of the 
attorney general upon the effective date of this act shall be 
unlimited, except that they may be removed in accordance 
with chapter thirty-one of the General Laws and the rules 
and regulations made thereunder. 

Approved April 6, 1934- 



Chap. 134 An Act making a corrective change in the laws relating 
to taxation of subsidiary or controlled corpora- 
tions. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



Acts, 1934. — Chap. 135. 127 

Be it enacted, etc., as follows: 

Section thirty-nine A of chapter sixty-three of the General g. l. cier. 
Laws, as amended by section two of chapter three hundred eo.)^, ea^ 
and three of the acts of nineteen hundred and thirty-three, aine.Hied. " 
is hereby further amended by striking out, in the sixth Hne, 
the word "parent" and inserting in place thereof the word: — 
foreign, — so that the first paragraph will read as follows : — 
The net income of a foreign corporation which is a subsidiary Tnxiition of 
of another corporation or closely affiliated therewith by stock e^c.^corpora 
ownership shall be determined by eliminating all payments tions. 
to the parent corporation or affiliated corporations in excess 
of fair value, and by including fair compensation to such 
foreign corporation for all commodities sold to or services 
performed for the parent corporation or affiliated corpora- 
tions. For the purposes of determining such net income, the 
commissioner may, in the absence of satisfactory evidence 
to the contrary, presume that an apportionment by reason- 
able rules of the consoHdated net income of corporations 
participating in the fifing of a consolidated return of net 
income to the federal government fairly reflects the net 
income taxable under this chapter, or may otherwise equi- 
tably determine such net income by reasonable rules of ap- 
portionment of the combined income of the subsidiary, its 
parent and affiliates or any thereof. 

Approved April 6, 1934- 



An Act relative to the retirement for accidental (JJk,,) ];-55 
disability of janitors employed in public schools of 
certain cities and towns. 

Beit enacted, etc., as follows: 

Chapter thirty-two of the General Laws is hereby amended o. i,. (ler. 
by striking out section forty-four, as appearing in the Ter- ?44^'.^f,j;',„,g,, 
centenary Edition thereof, and inserting in place thereof the 
following: — Section 44- The school committee, official. Municipal 
board or other body having control of janitors employed in ^^,^00°"^ '^'"' 
the public schools of any city or town which accepts this janitors. 
section, as provided in the following section, or have ac- 
cepted corresponding provisions of earlier laws, may retire, 
with an annual pension, any janitor so employed who has 
reached the age of sixty, after completing a service of not 
less than twenty-five years, and is physically incapacitated, 
and any janitor so employed, who has completed a service 
of not less than fifteen years, and is physically incapacitated 
by reason of injury received in the performance of his duties 
for such city or town. The pension shall be one half the com- 
pensation to which the pensioner would have been entitled 
for full employment during the last year of his service, but 
not more than five hundred dollars a year, and shall be pay- 
able out of the appropriation for the support of public 
schools, maintenance of school buildings or payment of 
janitors. Approved April 6, 1934- 



128 



Acts, 1934. — Chap. 136. 



G. L. (Ter. 
Ed.), 60, new 
section 3A, 
added. 
Tax bill, 
form of. 



G. L. (Ter. 
Ed.), 59, 
§59, etc., 
amended. 



Aliutements. 



Chap. 136 An Act relative to applications for abatement of and 

EXEMPTIONS FROM LOCAL TAXES. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty of the General Laws is hereby 
amended by inserting after section three, as appearing in 
the Tercentenary Edition, the following new section: — 
Section 3 A. Every tax bill or notice shall be in a form ap- 
proved by the commissioner and shall state that applica- 
tions for abatement or exemptions, on forms so approved, 
must be filed with the assessors, in case of original assess- 
ments, on or before December first of the year to which the 
tax relates, or, in case of an assessment under section seventy- 
five of chapter fifty-nine or a reassessment under section 
seventy-seven of said chapter, within six months after the 
sending of the bill or notice therefor. 

Section 2. Chapter fifty-nine of the General Laws, as 
most recently amended in section fifty-nine by section one 
of chapter two hundred and sixty-six of the acts of nineteen 
hundred and thirty-three, is hereby further amended by 
striking out said section fifty-nine and inserting in place 
thereof the following : — Section 59. A person aggrieved by 
the tax assessed upon him may, on or before December first 
of the year to which the tax relates, apply in writing to the 
assessors, on a form approved by the commissioner, for an 
abatement thereof, and if they find him taxed at more than 
his just proportion, or upon an assessment of any of his 
property in excess of its fair cash value, they shall make a 
reasonable abatement; provided, that a person aggrieved 
by a tax assessed upon him under section seventy-five or 
reassessed upon him under section seventy-seven may apply 
for such abatement at any time within six months after 
notice of such assessment or reassessment is sent to him. A 
tenant of real estate paying rent therefor and under obliga- 
tion to pay more than one half of the taxes thereon may 
apply for such abatement. If a person other than the person 
to whom a tax on real estate is assessed is the owner thereof, 
or has an interest therein, or is in possession thereof, and pays 
the tax, he may thereafter prosecute in his own name any 
application, appeal or action provided by law for the abate- 
ment or recovery of such tax, which after the payment thereof 
shall be deemed for the purposes of such application, appeal 
or action, to have been assessed to the person so paying the 
same. 

Section 3. This act shall take effect on December thirty- 
first, nineteen hundred and thirty-four. 

Approved Ayril 6, 1934- 



Effective 
date. 



Acts, 1934. — Chap. 137. 



129 



An Act making certain corrections in the insurance 

LAWS affecting THE ISSUE OF WORKMEN'S COMPENSATION 
policies, the MERGER OF INSURANCE COMPANIES AND THE 
EXEMPTION OF VETERANS FROM THE PAYMENT OF CERTAIN 

FEES. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-five of chapter one hundred and 
fifty-two of the General Laws, as appearing in the Tercen- 
tenary Edition thereof, is hereby amended by striking out 
the second paragraph and inserting in place thereof the 
following : — 

Any policy of insurance issued in violation of this section 
or of any other provision of this chapter shall nevertheless 
be valid and binding upon the company issuing it, and the 
rights, duties and obligations of the parties thereto shall be 
determined by this chapter and chapter one hundred and 
seventy-five. 

Section 2. Section nineteen A of chapter one hundred 
and seventy-five of the General Laws, as so appearing, is 
hereby amended by inserting after the word "forty-eight" in 
the tenth line, the words : — , forty-eight A, — so as to read 
as follows: — Section 19 A. Two or more domestic companies 
may merge or consolidate into one corporation, or a domestic 
company may merge or consolidate with any company or 
companies organized under the laws of any state of the 
United States into one corporation, which shall be a domestic 
corporation. In either case the title of such new corporation 
shall be subject to the provisions of section forty-nine. 
Companies merging or consolidating under this section shall 
enter into a written agreement for such merger or consolida- 
tion prescribing its terms and conditions, the classes of busi- 
ness it proposes to transact subject to sections forty-eight, 
forty-eight A, fifty-one and fifty-four, the amount of the 
capital stock, if any, of the new corporation, which shall not 
be a larger amount than the aggregate amount of the capital 
stock of the merged or consolidated companies nor less than 
the minimum amount specified in said sections forty-eight 
and fifty-one, and the number of shares into which said 
capital stock is to be divided. In all respects, the new cor- 
poration shall be subject to the provisions of this chapter, 
except as otherwise expressly provided in this section. Such 
agreement shall be assented to by a vote of the majority of 
the board of directors of each company and approved by the 
votes of the stockholders, if any, owning at least two thirds 
of the stock of each company at a meeting called for the 
purpose, notice of which meeting shall be given in accordance 
with law, and also published at least once a week for three 
successive weeks in some newspaper printed in the common- 
wealth, and if any of the merging or consolidating companies 
are domiciled outside of the commonwealth at least once a 
week for three successive weeks in some newspaper printed 



Chap. 137 



G. L. (Ter. 
Ed.), 152, 
§,55, anended. 



Effect of 
policy issued 
in violation 
of section. 



G. L. (Ter. 
Ed.), 175, 
§19A. 
amended. 



Merger of 
insurance 
companies. 



130 Acts, 1934. — Chap. 137. 

in the town where such company has its principal office, or, 
if there are no stockholders, such agreement shall be assented 
to by a vote of the majority of the board of directors of each 
company and approved by the votes of at least two thirds 
of the policyholders of each company, actually present or 
represented at a meeting called for the purpose, notice of 
which meeting shall be given as hereinbefore provided. Such 
agreement shall be subject to the written approval of the 
commissioner, shall be executed in duplicate by the president 
and secretary and by a majority of the board of directors of 
each company under its corporate seal, shall be accompanied 
by copies of the resolutions authorizing the merger or con- 
solidation and the execution of the agreement attested by 
the recording officer of each company and shall, with the 
records of the companies pertaining thereto, be submitted 
to the commissioner. If it appears that the requirements of 
this section have been complied with, the commissioner may 
so certify and approve the agreement by his endorsement 
thereon. One of the duplicates of such agreement shall 
thereupon be filed with the state secretary, who shall cause 
the same to be recorded and shall issue a certificate of re- 
incorporation to the new company with the powers retained 
and specified in the agreement, and the other duplicate shall 
be retained by the commissioner. No such agreement shall 
take effect until it has been filed in the office of the state 
secretary as aforesaid. The new company may require the 
return of the original certificates of stock held by each stock- 
holder in each of the companies merged or consolidated and 
issue in lieu thereof new certificates for such number of shares 
^ of its own stock as the stockholder may be entitled to receive. 
Upon such merger or consolidation all rights and properties 
of the several companies shall accrue to and become the 
property of the new company which shall succeed to all the 
obhgations and liabilities of the merged or consolidated 
companies, in the same manner as if they had been incurred 
or contracted by it. The stockholders or policyholders of 
the merged or consolidated companies shall continue to be 
subject to all the liabilities, claims and demands existing 
against them at or before such merger or consolidation. No 
action or proceeding pending at the time of the merger or 
consolidation in which any or all of the companies merged 
or consolidated may be a party shall abate or be discontinued 
by reason of the merger or consolidation, but the same may- 
be prosecuted to final judgment in the same manner as if 
the merger or consohdation had not taken place, or the new 
company may be substituted in place of any company so 
merged or consolidated by order of the court in which the 
action or proceeding may be pending. Nothing in this section 
shall authorize the merger or consolidation of stock companies 
with mutual companies. 
G. L. (Ter. SECTION 3. Scction One hundred and sixty-seven A of 

Ed.), ^175, said chapter one hundred and seventy-five, as so appearing, 
anfeLed. is hereby amended by striking out, in the first line, the 



Acts, 1934. — Chaps. 138, 139. 



131 



article "a", and inserting in place thereof the words: — an 
insurance broker's, — so as to read as follows : — Section 
167 A. No fee for an insurance broker's license issued under 
section one hundred and sixty-six, one hundred and sixty- 
seven or one hundred and seventy-three shall be required of 
or on account of any soldier, sailor or marine resident in this 
commonwealth who has served in the army or navy of the 
United States in time of war or insurrection and received an 
honorable discharge therefrom or release from active dut}^ 
therein, if he presents to the commissioner satisfactory 
evidence of his identity. Approved April 6, 1934. 



Veterans 
exempt from 
payment of 
certain 
license fees. 



An Act increasing the amount of foefeiture payable QJiq^jj jgg 

TO A PERSON AGGRIEVED BY DISCRIMINATION ON ACCOUNT 
OF RACE OR COLOR. 

Be it enacted, etc., as follows: 

Section ninety-eight of chapter two hundred and seventy- 
two of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by striking out, in the eleventh 
line, the word "twenty-five" and inserting in place thereof 
the words: — one hundred, — and by striking out, in the 
same line, the word "three" and inserting in place thereof 
the word: — five, — so as to read as follows: — Section 98. 
Whoever makes any distinction, discrimination or restriction 
on account of color or race, except for good cause applicable 
alike to all persons of every color and race, relative to the 
admission of any person to, or his treatment in, a theatre, 
skating rink or other public place of amusement, licensed 
or unlicensed, or in a pubhc conveyance or public meeting, 
or in an inn, barber shop or other public place kept for hire, 
gain or reward, licensed or unlicensed, or whoever aids or 
incites such distinction, discrimination or restriction, shall be 
punished by a fine of not more than three hundred dollars or 
by imprisonment for not more than one year, or both, and 
shall forfeit to any person aggrieved thereby not less than one 
hundred nor more than five hundred dollars; but such 
person so aggrieved shall not recover against more than 
one person by reason of any one act of distinction, discrimina- 
tion or restriction. Approved April 6, 1934- 



G. L. (Ter. 
Ed.), 272, 
§98, amended. 



Color or 
race dis- 
crimination. 
Penalty. 



An Act subjecting the office of clerk of soldiers' Chap. 139 

RELIEF AND STATE AND MILITARY AID OF THE CITY OF LYNN 
to the CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of clerk of soldiers' relief and state 
and military aid of the city of Lynn shall, upon the effective 
date of this act, become subject to the civil service laws and 
rules and regulations, and the term of office of any incumbent 
thereof shall be unlimited, except that he may be removed 
in accordance with such laws and rules and regulations; 



132 



Acts, 1934. — Chaps. 140, 141. 



provided, that the incumbent of said office on said date may 
continue to serve as such without taking a civil service 
examination. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Lynn at the state election 
in the current year in the form of the following question which 
shall be placed upon the official ballot to be used in said city 
at said election: "Shall an act of the general court passed in 
the current year, entitled 'An Act subjecting the office of 
clerk of soldiers' relief and state and military aid of the city 
of Lynn to the civil service laws', be accepted?" If a majority 
of the voters voting thereon vote in the affirmative in answer 
to said question, this act shall thereupon take full effect, 
but not otherwise. Approved April 6, 1934. 

Ckai) 140 ^^ ^^^ PROVIDING FACILITIES FOR THE PARKING OF MOTOR 
VEHICLES NEAR THE STATE HOUSE BY MEMBERS AND 
OFFICERS OF THE GENERAL COURT. 

Be it enacted, etc., as follows: 

Section 1. The traffic commission of the city of Boston 
is hereby directed to provide in its regulations prohibiting or 
restricting the parking and standing of motor vehicles on 
public ways in said city that they shall not, so far as they 
relate to the easterly side of Hancock street between Mount 
Vernon and Derne streets, the southerly side of Derne street 
between Hancock and Bowdoin streets, and the westerly side 
of Bowdoin street between Mount Vernon and Beacon 
streets, apply to motor vehicles owned or used by members 
and officers of the general court. 

Section 2. This act shall take effect upon its passage. 

Approved April 13, 193 4. 



Chap. 141 An Act relative to the mileage compensation of jurors 

IN CERTAIN CASES. 



Emergency 
preamble. 



G. L. (Ter. 
K(l.), 262, 
S25, etc., 
amended. 



Jurors' 
fees, etc. 



Whereas, The deferred operation of this act would in part 
defeat its purpose, therefore this act is declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section twenty-five of chapter two hundred and sixty-two 
of the General Laws, as most recently amended by chapter 
one hundred and sixty-two of the acts of nineteen hundred 
and thirty-three, is hereby further amended by inserting 
after the word "home" in the sixth fine the words: — , but 
not for such time as the jury is held under restraint, by order 
of court, at the expense of the county, — so as to read as 
follows: — Section 25. The compensation of traverse jurors 
impanelled to try cases of murder in the first degree shall be 
six dollars, and that of all other traverse jurors and of grand 
jurors five dollars, for each day's service. All jurors shall re- 



Acts, 1934. — Chap. 142. 133 

ceive for each day of actual attendance five cents a mile for 
travel out and home, but not for such time as the jury is held 
under restraint, by order of court, at the expense of the 
county. If the expense of a juror who attends court, neces- 
sarily and actually incurred for transportation out and home 
once in each day, exceeds the amount of the said allowance 
for travel, he shall be allowed the amount of such expense in 
lieu of the said travel allowance. If a grand or traverse juror 
is required to be in attendance for five or more consecutive 
days he shall receive his fees not later than the end of every 
fifth day of such attendance. 

Approved April 13, 1934. 

An Act relative to the granting of licenses for the CJki]). 142 

SALE IN taverns OF ALCOHOLIC BEVERAGES. 

Whereas, The deferred operation of this act would tend to EnuiKency 
defeat its purpose, therefore it is hereby declared to be an ?'■<'•""'''''• 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section eleven A of chapter one hundred and g. l. (Ter. 
thirty-eight of the General Laws, as appearing in section ^^^ >^ ^^^^• 
two of chapter three hundred and seventy-six of the acts of anum'ied. ' 
nineteen hundred and thirty-three, is hereby amended by 
striking out all after the word ''section" in the ninth line 
down to and including the colon in the twenty-fifth line and 
inserting in place thereof the following : — 

The city council of any city and the selectmen of any Granting of 
town may, and shall upon the filing with the city or town tp^e'" 
clerk of a petition conforming to the requirements of said 
section three, requesting that the question of licensing the 
sale in such city or town of alcoholic beverages in taverns be 
submitted to the voters thereof, call a special election to be 
held prior to April fifteenth, nineteen hundred and thirty- 
four, and cause to be so submitted thereat the following 
question : 

Section 2. Said section eleven A of said chapter one q j^ (t^,, 
hundred and thirty-eight, as so appearing, is hereby further Ed.), iss, 
amended by inserting after the question contained in lines amemied?' 
twenty-six to twenty-eight the following new paragraph : — 

In any city or town wherein a regular municipal election gj,n,^ sniyect. 
is to be held prior to said date, the city council or selectmen 
may, and upon the filing of such a petition in due season 
shall, cause said question to be so submitted at such election. 

Section 3. Said section eleven A of said chapter one g. l. (Ter. 
hundred and thirty-eight, as so appearing, is hereby further ^^^^^ ^g^^- 
amended by adding at the end thereof the following new amended." 
paragraph : — 

In any city in which a vote on the question hereinbefore sainesub.iect. 
set forth has not been taken, the mayor and city council may 
file with the city clerk an order authorizing the granting of 



134 



Acts, 1934. — Chaps. 143, 144. 



Certain votes 
validated. 



tavern licenses and such order shall have the same legal 
effect as a vote in the affirmative in answer to such question. 
Section 4. Any vote by the registered voters of a city or 
town taken in conformity with the provisions of said section 
eleven A, as amended hereby, shall be legal and valid to the 
same extent as though such provisions had been in effect at 
the time of such vote. Approved April 13, 1984. 



Chan. 143 ^^ ^^'^ relative to amounts payable to certain towns 

OUT OF the proceeds OF THE INCOME TAX AS SUPPLEMEN- 
TARY reimbursements ON ACCOUNT OF CERTAIN SCHOOL 
EXPENDITURES. 

Be it enacted, etc., as follows: 

Section four of chapter seventy of the General Laws, as 
appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out, in the twenty-fifth line, the word 
"fifteen" and inserting in place thereof the word: — twenty- 
five, — so that the last paragraph will read as follows : — 

For each person for whom any such town received pro- 
portionate reimbursement under section three it shall in 
each case receive as supplementary reimbursement the same 
proportion of the sums named herein for full time service. 
No town shall receive under this section in any one year 
more than twenty-five thousand dollars. 

Approved April 13, 193 4. 



G. L. (Ter. 
Ed.), 70, 
§4, amended. 



Reiinburse- 
nient to 
certain 
towns for 
scliool ex- 
penditures. 



Chap. 144 



An Act subjecting the offices of commissioner of 
soldiers' relief and state and military aid and 
supervisor of soldiers' and sailors' graves in the 

CITY of SPRINGFIELD TO THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The offices of commissioner of soldiers' relief 
and state and mihtary aid and supervisor of soldiers' and 
sailors' graves in the city of Springfield shall, upon the effec- 
tive date of this act, become subject to the civil service laws 
and rules and regulations, and the terms of office of any in- 
cumbents thereof shall be unlimited, except that they may 
be removed in accordance with such laws and rules and regu- 
lations; but the persons holding said offices on said effective 
date may respectively continue therein without taking a 
civil service examination. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Springfield at the biennial 
state election in the current year in the form of the following 
question which shall be placed upon the official ballot to be 
used in said city at said election: "Shall an act passed by the 
general court in the year nineteen hundred and thirty-four, 
entitled 'An Act subjecting the Offices of Commissioner of 
Soldiers' Relief and State and Military Aid and Supervisor 
of Soldiers' and Sailors' Graves in the City of Springfield to 



Acts, 1934. — Chap. 145. 135 

the Civil Service Laws', be accepted?" If a majority of the 
voters voting thereon vote in the affirmative in answer to 
said question, this act shall thereupon take full effect, but 
not otherwise. Approved April 13, 1934. 

An Act to enlarge the powers of the school committee nhnj) 145 

OF TPIE city of boston IN RESPECT TO PHYSICAL EDU- ^' 

CATION. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
ninety-five of the acts of nineteen hundred and seven is 
hereby amended by inserting after the word "equipment" 
in the eighth line the words : — , athletic wearing apparel, — 
so as to read as follows : — Section 1 . The school committee 
of the city of Boston, within the limit of the appropriations 
for such purposes made by it as hereinafter authorized or 
under existing authority of law, shall, during the summer 
vacation and such other part of the year as it may deem ad- 
visable, organize and conduct physical training and exercises, 
athletics, sports, games, and play, and shall provide proper 
apparatus, equipment, athletic wearing apparel and facilities 
for the same in the buildings, yards and playgrounds under 
the control of said committee, or upon any other land which 
it may have the right to use for this purpose. 

Section 2. Paragraph (d) of section one of chapter two 
hundred and six of the Special Acts of nineteen hundred and 
nineteen, as most recently amended by section two of chapter 
one hundred and fifty-three of the acts of nineteen hundred 
and twenty-six, is hereby further amended by inserting after 
the word "equipment" in the third and fourth lines, the 
words : — , athletic wearing apparel, — so as to read as 
follows: — 

(d) For organizing and conducting physical training and 
exercises, athletics, sports, games and play, and for providing 
apparatus, equipment, athletic wearing apparel and facilities 
for the same in buildings, yards and playgrounds under the 
control of said committee, or upon any other land which the 
committee may have the right to use for this purpose under 
the provisions of chapter two hundred and ninety-five of the 
acts of nineteen hundred and seven and any acts in addition 
thereto and in amendment thereof: for the financial year 
ending on the thirty-first day of December, nineteen hundred 
and twenty-six and for each financial year thereafter, fifteen 
cents. 

Section 3. This act shall take effect upon its passage. 

Approved April 13, 1934. 



136 Acts, 1934. — Chaps. 146, 147, 148. 



Chap. 146 An Act relative to the establishment of salaries for 

THE city councillors OF THE CITY OF PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1. Salaries for members of the city council of 
the city of Pittsfield may be established by its present city 
council and may be made to apply to the term for which such 
members were elected, but shall otherwise be subject to the 
provisions of section twenty-one of chapter two hundred and 
eighty of the acts of nineteen hundred and thirty-two. 

Section 2. This act shall take effect upon its passage. 

Approved April 17, 1934. 

(liap. 147 An Act authorizing the town of Rutland to borrow 

MONEY FOR REMODELING A CERTAIN TOW^N BUILDING 
THEREIN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling the town build- 
ing used for town hall, library and school purposes, the town 
of Rutland may borrow, from time to time within a period of 
five years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, thirty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Rutland Town Building Loan, 
Act of 1934. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than ten years 
from their dates, but no issue shall be authorized under this 
act unless a sum equal to an amount not less than ten per 
cent of such authorized issue is voted for the same purpose 
to be raised by the tax levy of the year when authorized. 
Indebtedness incurred under this act shall be within the 
statutory limit and shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws, exclusive of 
the limitation contained in the first paragraph of section 
seven thereof, as appearing in the Tercentenary Edition 
thereof. 

Section 2. This act shall take effect upon its passage. 

Approved April 17, 1934- 



Chap. 148 An Act reviving the centrifugal gun corporation. 

Whereas, The deferred operation of this act would in part 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

The Centrifugal Gun Corporation, a corporation dis- 
solved by section one of chapter two hundred and fifty-five 
of the acts of nineteen hundred and twenty-seven, is hereby 



Acts, 1934. — Chaps. 149, 150, 151. 



137 



revived with the same powers, duties and obUgations as if 
said chapter had not been passed. 

Approved April 17, 1934- 



An Act relative to the taking or possession of trout in (jJiQp^ 149 

DUKES COUNTY. 

Be it enacted, etc., as follows: 

Section fifty-seven of chapter one hundred and thirty-one 
of the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by inserting after the word 
"following" in the third hne the words: — , or between July 
fifteenth in any year and April first of the year following, if 
taken from the waters of Dukes county, — so as to read as 
follows: — Section 67. Except as provided in section fifty-one, 
no person shall take or have in possession trout between July 
thirty-first in any year and April fifteenth of the year follow- 
ing, or between July fifteenth in any year and April first of 
the year following, if taken from the waters of Dukes county, 
or between September first and May twenty-ninth of the 
year following, if taken from the Deerfield river or its diverted 
waters within the commonwealth, nor shall any person have 
in possession at any time a trout less than six inches in 
length, or trout less than twelve inches in length if taken from 
the Deerfield river or its diverted waters within the com- 
monwealth, unless taken by a person lawfully fishing and 
immediately returned alive to the water whence it was 
taken. Approved April 17, 1934- 



G. L. (Ter. 
Ed.), 131, 
§57, iimended. 



Close season 
on trout in 
Dukes 
County. 



An Act relative to the service of writs of venire QJiap^ ]50 

FACIAS for jurors. 

Be it enacted, etc., as follows: 

Section eleven of chapter two hundred and thirty-four of 
the General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting before the word 
"constable" in the second line the words: — deputy sheriff 
of the county, or to a, — so as to read as follows : — Section 
11. The venires shall be delivered to the sheriff of the county 
to be transmitted by him to a deputy sheriff of the county, or 
to a constable in each of the cities and towns to which they 
are respectively issued, who shall forthwith serve them in 
cities on the board authorized to draw jurors and in towns on 
the selectmen and town clerk. Approved April 17, 1934- 



G. L. (Ter. 
Ed.), 234, 
§11, utneiided. 



Service of 
writs of 
venire 
facias. 



An Act relative to the disposition of the books and 

PAPERS of a tax collector WHEN HE CEASES TO HOLD 
OFFICE. 

Be it enacted, etc., as follows: 

Section L Chapter sixty of the General Laws is hereby 
amended by striking out section ninety-seven, as appearing 



Chap. 151 



G. L. (Ter. 
Ed.), 60, 
§97, amended. 



138 



Acts, 1934. — Chap. 152.u 



Disposition 
of books, etc., 
by tax col- 
lector upon 
termination 
of office. 



G. L. (Ter. 
FaI.), go, 
§15, amended. 

Fees. 



in the Tercentenary Edition thereof, and inserting in place 
thereof the following: — Section 97. If a collector ceases to 
hold the office of collector for any reason, all his accounts, 
records and papers, including his warrant, which relate to the 
assessment and collection of taxes in his town shall, forthwith 
after an audit thereof has been made by a competent ac- 
countant, be deposited by him, or his executor or adminis- 
trator, or any other person into whose possession they may 
come, with the assessors of such town, who thereupon shall 
turn over his uncollected tax lists to his successor, together 
with their warrant, which shall cover the uncollected ac- 
counts of the original commitment as shown on said lists and 
shall also turn over all his accounts, records and papers, in- 
cluding his warrant, so deposited with them, except said 
lists, to the clerk of said town. If the collector is his own 
successor, he shall complete the collection of the taxes as a 
part of the duties of his new term of office and not as a part 
of the duties of his former term of office. 

Section 2. Section fifteen of said chapter sixty, as so 
appearing, is hereby amended by striking out the first 
sentence, — so that the first paragraph will read as follows : — 
The following charges and fees, and no other, when accrued, 
shall severally be added to the amount of the tax and col- 
lected as a part thereof: — Approved April 17, 1934- 



Chap. 152 -^^ Act providing retirement allowances based on 

ANNUITY AND PENSION CONTRIBUTIONS FOR EMPLOYEES 
OF THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 



PURPOSE OF THE ACT. 

Section 1. The purpose of this act is to improve the 
efficiency of the public service of the city of Quincy, herein- 
after called the city, by the retirement of disabled or super- 
annuated employees. 

definitions. 

Section 2. The following words and phrases as used in 
this act, unless a different meaning is plainly required by 
the context, shall have the following meanings : — 

(1) "Retirement system ", the arrangement provided in this 
act for the retirement of, and payment of retirement allow- 
ances to, employees as defined in paragraph (2) of this 
section. 

(2) "Employee", any person who is regularly employed 
in the service of, and whose salary or compensation is paid 
by, the city, except employees who hold office by popular 
election, who are not members at the time of their election, 
and teachers in the public schools as defined by section six of 
chapter thirty-two of the General Laws. In all cases of 
doubt the retirement board shall decide who is an employee 
within the meaning of this act. 



Acts, 1934. — Chap. 152. 139 

(3) "Member", any employee included in the retirement 
system as provided in section four of this act. 

(4) "Retirement board", the board provided in section 
fourteen of this act to administer the retirement system. 

(5) "Service", service as an employee as described in 
paragraph (2) of this section and paid for by the city. 

(6) "Prior service", service rendered prior to the date the 
retirement system becomes first operative, for which credit 
is allowable under the provisions of section five of this act. 

(7) "Membership service", service as an employee ren- 
dered since last becoming a member. 

(8) "Creditable service", "prior service" plus "member- 
ship service", for which credit is allowable as provided in 
section five of this act. 

(9) "Beneficiary", any person in receipt of a pension, an 
annuity, a retirement allowance or other benefit as provided 
by this act. 

(10) "Regular interest", interest at four per centum per 
annum compounded annually; provided, that if the actual 
net interest earned on the reserves of the retirement system 
be less than four per centum, the rate may be reduced to not 
less than three per centum per annum after the retirement 
board has given the members ninety days' notice of a pro- 
posed reduction in rate; and provided, further, that such 
reduction shall not affect any payments or credits made 
prior to the date of the change in rate. 

(11) "Accumulated deductions", the sum of all the 
amounts deducted from the compensation of a member and 
standing to his credit in the annuity savings fund, together 
with regular interest thereon. 

(12) "Annuity", annual payments for life derived from 
the accumulated deductions of a member. All annuities 
shall be paid in monthly instalments. 

(13) "Pension", annual payments for life derived from 
contributions made by the city. All pensions shall be paid 
in monthly instalments. 

(14) "Retirement allowance", the sum of the "annuity" 
and the "pension". 

(15) "Regular compensation", the annual compensation 
determined by the head of the department for the individual 
service of each employee in that department and the com- 
pensation determined by duly constituted authority for ap- 
pointed officers of the city, exclusive of bonus or overtime 
payments. 

(16) "Annuity reserve", the present value of all payments 
to be made on account of any annuity or benefit in lieu of 
any annuity computed upon the basis of such mortality 
tables as shall be adopted by the retirement board and regular 
interest. 

(17) "Pension reserve", the present value of all payments 
to be made on account of any pension or benefit in lieu of any 
pension computed upon the basis of such mortality tables as 
shall be adopted by the retirement board and regular interest. 



140 Acts, 1934. — Chap. 152. 

(18) "Actuarial equivalent", a benefit of equal value 
when computed upon the basis of such mortality tables as 
shall be approved by the retirement board and regular 
interest. 

NAME AND DATE SYSTEM IS FIRST OPERATIVE. 

Section 3. A retirement system is hereby established 
and placed under the management of the retirement board 
for the purpose of providing retirement allowances under the 
provisions of this act for employees of, or employees paid by, 
the city. The retirement system so created shall have the 
powers and privileges of a corporation and shall be known as 
the ''Quincy Retirement System", and by such name all of 
its business shall be transacted, all of its funds invested, all 
warrants for money drawn and payments made, and all of 
its cash and securities and other property held. The retire- 
ment system so created shall begin operation upon the first 
day of January, nineteen hundred and thirty-five. 

membership. 

Section 4. (1) The membership of the retirement sys- 
tem shall be constituted as follows: — 

(a) All persons who become employees and, except as 
otherwise provided in the last sentence of subsection (2) of 
section nine, all employees who enter or re-enter the service 
of the city on or after the date the retirement system becomes 
operative may become members of the retirement system on 
their own application, and all such employees who shall com- 
plete one year of service thereafter and disability beneficiaries 
restored to active service to whom the provisions of subsec- 
tion (3) of said section nine apply shall become members of 
the retirement system, and after becoming members as 
above provided shall receive no pension or retirement allow- 
ance from any other pension or retirement system supported 
wholly or in part by the city, nor shall they be required to 
make contributions to any other pension or retirement sys- 
tem of the city, anything to the contrary in this or any other 
special or general law notwithstanding. 

(6) All persons who are employees on the date when this 
retirement system becomes operative and who are not then 
covered by any other pension or retirement law of the com- 
monwealth shall become members as of the first day this re- 
tirement system becomes operative, unless on or before a 
date not more than sixty days thereafter, to be set by the 
retirement board, any such employee shall file with the re- 
tirement board on a form prescribed by the board a notice of 
his election not to be covered in the membership of the sys- 
tem and a duly executed waiver of all present and prospective 
benefits which would otherwise inure to him on account of 
his participation in the retirement system. 

(c) An employee who is covered by any other pension or 
retirement law of the commonwealth, including a special law 



Acts, 1934. — Chap. 152. 141 

accepted by, and applicable to employees of, the city on the 
date when this retirement system becomes operative shall 
not be considered to have become a member of this retire- 
ment system unless said employee shall then or thereafter 
make written application to join this system and shall therein 
waive and renounce all benefits of any other pension or re- 
tirement system supported wholly by the city, but no such 
employee shall receive credit for prior service unless he make 
such application for membership within one year from the 
date this retirement system becomes operative. 

(2) An employee whose membership in the retirement sys- 
tem is contingent on his own election and who elects not to 
become a member may thereafter apply for and be admitted 
to membership; but no such employee shall receive prior 
service credit unless he becomes a member within one year 
from the date this retirement system becomes operative. 

(3) The retirement board may deny the right to become 
members to any class of officials appointed for fixed terms, 
or to any class of part-time employees, or it may, in its dis- 
cretion, make optional with persons in any such class their 
individual entrance into membership. 

(4) It shall be the duty of the head of each department to 
submit to the retirement board a statement showing the 
name, title, compensation, duties, date of birth and length of 
service of each member of his department, and such informa- 
tion regarding other employees therein as the retirement 
board may require. The retirement board shall then place 
each member in one of the following groups : — 

Group 1 . — General employees, including clerical, admin- 
istrative and technical workers, laborers, mechanics and all 
others not otherwise classified; 

Group 2. — Members of the police department and the 
fire department of the city; 

Or in any other group of not less than two hundred and 
fifty persons which may be hereafter recommended by the 
actuary on the basis of service and mortality experience, and 
approved by the retirement board to cover all or part of any 
group or groups previously created or any additional classes 
of employees. When the duties of a member so require, the 
retirement board may reclassify him in and transfer him to 
another group. 

(5) Should any member in any period of six consecutive 
years after last becoming a member be absent from service 
more than five years, or should any member withdraw his 
accumulated deductions or become a beneficiary hereunder 
or die, he shall thereupon cease to be a member, 

CREDITABLE SERVICE. 

Section 5. (1) Under such rules and regulations as the 
retirement board shall adopt, each person becoming a mem- 
ber within one year from the date he first becomes eligible 
to membership who was in service at the time the system be- 



142 Acts, 1934. — Chap. 152. 

came operative, or who re-entered the service within five 
years after rendering service prior to tiie time the system be- 
came operative shall file a detailed statement of all service as 
an employee rendered by him prior to the day on which the 
system first became operative for which he claims credit, and 
of such facts as the retirement board may require for the 
proper operation of the system. 

(2) The retirement board shall fix and determine by ap- 
propriate rules and regulations how much service in any year 
is equivalent to a year of service, but in no case shall more 
than one year of service be creditable for all service in one 
calendar year, nor shall the retirement board allow credit 
as service for any period of more than one month's duration 
during which the employee was absent without pay. 

(3) Subject to the above restrictions and to such other 
rules and regulations as the retirement board may adopt, the 
retirement board shall verify, as soon as practicable after the 
filing of such statements of service, the service therein 
claimed, and shall certify as creditable all or such part of the 
service claimed as may be allowable. 

In lieu of a determination of the actual compensation of 
the member that was received during such period of prior 
service, the retirement board shall use for the purposes of this 
act the compensation rates which, if they had progressed in 
accordance with the rates of salary increase shown in the 
tables as prescribed in paragraph (10) of section fourteen of 
this act, would have resulted in the same average salary of 
the member for the five years immediately preceding the 
date this system became operative as the records show the 
member actually received. 

(4) Upon verification of the statements of service the re- 
tirement board shall issue prior service certificates certifying 
to each member entitled to credit for prior service the length 
of service rendered prior to the date the retirement system 
first became operative, with which he is credited on the basis 
of his statement of service. So long as membership continues 
a prior service certificate shall for retirement purposes be 
final and conclusive as to such service; provided, that any 
member may, within one year from the date of issuance or 
modification of such certificate, request the retirement 
board to modify or correct his prior service certificate. 

When membership ceases such prior service certificates 
shall become void. Should the employee again become a 
member, such employee shall enter the system as an em- 
ployee not entitled to prior service credit except as provided 
in subsection three of section nine. 

(5) Creditable service at retirement shall consist of the 
membership service rendered by the member since he last 
became a member and also, if he has a prior service certificate 
which is in full force and effect, the amount of the service 
certified on his prior service certificate. 



Acts, 1934. — Chap. 152. 143 

SERVICE RETIREMENT. 

Conditions for Allowance. 

Section 6. (1) Any member in service who shall have 
attained age sixty shall, either upon his own written applica- 
tion or that of the head of his department, be retired for 
superannuation not less than thirty nor more than ninety 
days after the filing of such application. A member whose re- 
tirement is applied for by the head of his department shall 
be entitled to a notice of such application and to a hearing 
before the retirement board, provided he requests such hear- 
ing in writing within ten days of the receipt of such notice; 
and unless the retirement board finds on hearing, that the 
member is able to properly perform his duties and files a 
copy of its findings with the head of his department, the re- 
tirement shall become effective thirty days from the time of 
the filing of such finding. 

Any member in service who shall have attained age 
seventy shall be retired for superannuation not less than 
thirty nor more than ninety days after attaining such age, 
or after this system becomes operative, if such age was at- 
tained prior thereto. 

Amount of Allowance. 

(2) Upon retirement for superannuation a member of the 
retirement system shall receive a retirement allowance con- 
sisting of — 

(a) An annuity which shall be the actuarial equivalent of 
his accumulated deductions at the time of his retirement, and 

(&) A pension equal to the annuity allowable at age sixty, 
computed on the basis of contributions made prior to the 
attainment of age sixty, and 

(c) If he has a prior service certificate in full force and 
effect an additional pension which is the actuarial equivalent 
of twice the pension which would have been payable under 
paragraph (6) above, on account of the accumulated deduc- 
tions which would have resulted from contributions made 
during the period of his creditable prior service had the sys- 
tem then been in operation. 

The total pension of any member payable under the pro- 
visions of this section shall not, however, exceed one half of 
his average annual regular compensation during the five 
years immediately preceding his retirement, nor shall the 
total pension of any member who has fifteen or more years of 
total creditable service be less than an amount which, added 
to his annuity, shall make his total retirement allowance 
equal to four hundred and eighty dollars per annum. 

ordinary disability retirement. 
Conditions for Allowance. 

Section 7. (1) Upon the application of a member in 
service or of the head of his department, any member who 



144 Acts, 1934. — Chap. 152. 

has had twenty or more years of creditable service may be 
retired by the retirement board, not less than thirty and not 
more than ninety days next following the date of filing such 
application, on an ordinary disability retirement allowance; 
provided, that the city physician, after a medical examina- 
tion of such member, shall certify that such member is men- 
tally or physically incapacitated for the further performance 
of duty, that such incapacity is likely to be permanent and 
that such member should be retired. 

Amount of Allowance. 

(2) Upon retirement for ordinary disability a member 
shall receive a service retirement allowance if he has at- 
tained age sixty; otherwise he shall receive an ordinary dis- 
ability retirement allowance consisting of — 

(a) An annuity which shall be the actuarial equivalent of 
his accumulated deductions at the time of his retirement, and 

(6) A pension of ninety per centum of the pension that 
would have been provided by the city for the member had he 
remained without further change of compensation in the 
service of the city until he reached age sixty and then retired. 

ACCIDENTAL DISABILITY RETIREMENT. 

Conditions for Allowance. 

Section 8. (1) Upon application of a member in service, 
or of the head of his department, any member who has been 
totally and permanently incapacitated for duty as the 
natural and proximate result of an accident occurring in the 
performance and within the scope of his duty at some definite 
time and place, without wilful negligence on his part, shall be 
retired not less than thirty nor more than ninety days fol- 
lowing the date of filing of such application; provided, that 
the city physician, after an examination of such member, 
shall report that said member is physically or mentally in- 
capacitated for the further performance of duty, that such 
incapacity is likely to be permanent, and that said member 
should be retired, and the retirement board shall concur in 
such report and find that the physical or mental incapacity 
is the natural and proximate result of such an accident and 
that such disability is not the result of wilful negligence on 
the part of said member and that said member should be 
retired. 

Amount of Allowance. 

(2) Upon retirement for accidental disabihty a member 
shall receive a service retirement allowance if he has attained 
age sixty; otherwise he shall receive an accidental disability 
retirement allowance consisting of — 

(a) An annuity which shall be the actuarial equivalent of 
his accumulated deductions at the time of his retirement, and 

(6) A pension equal to one half of the average rate of his 
regular annual compensation for the year immediately pre- 
ceding the date of the accident. 



Acts, 1934. — Chap. 152. 145 

RE-EXAMINATION OF BENEFICIARIES RETIRED ON 
ACCOUNT OF DISABILITY. 

Section 9. (1) Once each year during the first five years 
following retirement of a member on a disability retirement 
allowance, and once in every three-year period thereafter, 
the retirement board may, and upon his application shall, 
require any disability beneficiary who has not yet attained 
age sixty to undergo a micdical examination by the city phy- 
sician or a physician or physicians designated by the retire- 
ment board and approved by the mayor, such examination 
to be made at the place of residence of said beneficiary or 
other place mutually agreed upon. Should any disability 
beneficiary who has not yet attained the age of sixty refuse 
to submit to at least one medical examination in any such 
period of one or three years, as the case may be, his allowance 
may be discontinued until his withdrawal of such refusal, 
and should his refusal continue for a year, all his rights in 
and to his pension shall be revoked by the retirement board. 

(2) Should such physician or physicians report and certify 
to the retirement board that such disability beneficiary is en- 
gaged in or is able to engage in a gainful occupation paying 
more than the difference between his retirement allowance 
and his final regular compensation, and should the retirement 
board concur in such report, then, the amount of his pension 
shall be reduced to an amount which, together with his an- 
nuity and the amount earnable by him, shall equal the amount 
of his final regular compensation. Should his earning ca- 
pacity be later changed, the amount of his pension may be 
further modified; provided, that the new pension shall not 
exceed the amount of the pension originally granted nor 
shall it exceed an amount, which, when added to the amount 
earnable by the beneficiary together with his annuity, equals 
the amount of his final regular compensation. A beneficiary 
restored to active service at a salary less than the final regu- 
lar compensation upon the basis of which he was retired 
shall not become a member of the retirement system. 

(3) Should a disability beneficiary be restored to active 
service at a compensation not less than his final regular com- 
pensation, his retirement allowance shall cease, he shall again 
become a member of the retirement system, and he shall 
contribute thereafter at the same rate he paid prior to dis- 
ability. Any prior service certificate on the basis of which 
his service was computed at the time of his retirement shall 
be restored to full force and effect, and in addition upon his 
subsequent retirement he shall be credited with all his 
service as a member. 

RETURN OF ACCUMULATED DEDUCTIONS. 

Section 10. (1) Within sixty days after the filing with 
the retirement board of a request therefor, any member who 
shall have ceased to be an employee by resignation or dis- 
charge or for any reason other than death or retirement shall 
be paid the amount of his accumulated deductions. 



146 Acts, 1934. — Chap. 152. 

(2) Should a member die while an employee, his accumu- 
lated deductions shall be paid to his legal representative; 
provided, that if the sum so due does not exceed three hun- 
dred dollars, and there has been no demand therefor by a 
duly appointed executor or administrator, payment may be 
made, after the expiration of three months from the date of 
death of such member, to the persons appearing, in the judg- 
ment of the retirement board, to be entitled thereto, and 
such payment shall be a bar to recovery by any other person. 

ACCIDENTAL DEATH BENEFIT. 

Section 11. If, upon receipt by the retirement board of 
proper proofs of the death of a member, the retirement board 
shall decide that such death was the natural and proximate 
result of an accident occurring not more than one year prior 
to the date of death at some definite time and place while the 
member was in actual performance and within the scope of 
his duty, and not the result of wilful negligence on his part, 
and if the deceased member is survived by any of the de- 
pendents enumerated below, there shall be paid, in addition 
to accumulated deductions under subsection (2) of section 
ten, an accidental death benefit consisting of a pension equal 
to one half the average regular annual compensation received 
by the deceased member for the year preceding the date of 
the accident, said pension to be paid — 

(a) To the surviving husband or wife of the deceased 
member so long as he or she lives and remains unmarried ; or 

(6) If there be no surviving husband or wife or if the sur- 
viving husband or wife dies or remarries before every child of 
such deceased member shall have attained the age of eighteen 
years, then to his child or children under such age, divided in 
such manner as the retirement board in its discretion shall 
determine to continue as a joint and survivor pension until 
every such child dies or attains the age of eighteen years; or 

(c) If there be no husband or wife or child under the age 
of eighteen years surviving such deceased member, then to 
either his or her dependent father or dependent mother, as 
the retirement board in its discretion shall determine, to con- 
tinue for life or until remarriage. 

OPTIONAL BENEFITS. 

Section 12. Subject to the provisions that no optional 
selection shall be effective in case a beneficiary dies within 
thirty days after retirement, and that such a beneficiary- 
shall be considered as an active member at the time of death, 
until the first payment on account of any retirement allow- 
ance is made, the member, or if he be an incompetent then 
his wife, or if he have no wife, his conservator or guardian, 
may elect to convert the retirement allowance otherwise 
provided for in this system into a lesser retirement allowance 
of equivalent actuarial value payable throughout his life, 
with the provision that — 



Acts, 1934. — Chap. 152. 147 

Option 1. — If he die before he has received in payments 
of his annuity the present value of his annuity as it was at the 
time of his retirement, the balance shall be paid to his legal 
representative or to such person having an insurable interest 
in his life as he, or if he be an incompetent then his wife, or 
if he have no wife, his conservator or guardian, shall have 
nominated by written designation duly acknowledged and 
filed with the retirement board; or 

Option 2. — Upon his death, his lesser retirement allow- 
ance shall be continued throughout the hfe of and paid to 
such person having an insurable interest in his life as he, or 
if he be an incompetent then his wife, or if he have no wife, 
his conservator or guardian, shall have nominated by written 
designation duly acknowledged and filed with the retirement 
board at the time of his retirement; or 

Option 3. — Upon his death, one half his lesser retirement 
allowance shall be continued throughout the life of and paid 
to such person having an insurable interest in his life as he, 
or if he be an incompetent then his wife, or if he have no wife, 
his conservator or guardian, shall have nominated by written 
designation, duly acknowledged and filed with the retire- 
ment board at the time of his retirement. 

COMPENSATION BENEFITS OFFSET. 

Section 13. Any amounts paid or payable by the city 
under the provisions of the worlonen's compensation law to 
a member or to the dependents of a member on account of 
death or disability shall be offset against and payable in lieu 
of any benefits payable out of funds provided by the city 
under the provisions of this act on account of the death or 
disability of a member. If the value of the total commuted 
benefits under the workmen's compensation law is less than 
the reserve on the pension otherwise payable under this act, 
the value of such commuted payments shall be deducted 
from such pension reserve and such benefits as may be pro- 
vided by the pension reserve so reduced shall be paFyable 
under the provisions of this act. 

ADMINISTRATION. 

Section 14. (1) The management of the retirement 
system is hereby vested in a retirement board, the member- 
ship of which shall be constituted as follows: — 

(a) The auditor of the city for the time being, 

(6) One person to be appointed by the mayor of the city, 
subjected to confirmation by the city council, who shall 
serve for a term of three years commencing on the date when 
the retirement system becomes first operative and until the 
qualification of his successor, and 

(c) One person who shall be a member of the retirement 
system and who shall be appointed by the mayor of the city 
subject to such confirmation, to serve for a term of one year 
commencing on the date when the retirement system be- 



148 Acts, 1934. — Chap. 152. 

comes first operative and until the qualification of his suc- 
cessor. 

(2) As the terms of the appointed members expire, their 
successors shall be appointed for terms of three years each 
and until the qualification of their successors. On a vacancy 
occurring in the appointed membership of the retirement 
board, for any cause other than the expiration of a term of 
office, a successor to the person whose place has become 
vacant shall be appointed for the unexpired term in the same 
manner as above provided. 

(3) The members of the retirement board shall be reim- 
bursed from the expense fund for any expense or loss of 
salary or wages which they may incur through service on the 
retirement board. 

(4) The retirement board shall elect from its membership 
a chairman, and shall by a majority vote of all its members 
appoint a secretary, who may be, but need not be, one of its 
members. It shall engage such actuarial and other service 
as shall be required to transact the business of the retirement 
system. The funds to meet the costs of administering the 
retirement system shall be derived from appropriations of the 
city from the annual tax levy. The retirement board shall 
submit an estimate of such costs to the mayor not later than 
January first of each year. Such amount as shall be re- 
quired in the first year of operation to defray the expenses of 
the establishment and maintenance of the retirement system 
shall be appropriated by the city council. 

(5) The retirement board shall keep in convenient form 
such data as shall be necessary for actuarial valuations of the 
various funds of the retirement system and for checking the 
experience of the system. 

(6) The retirement board shall keep a record of all of its 
proceedings, which shall be open to public inspection. It 
shall publish annually a report showing the fiscal transactions 
of the retirement system for the preceding municipal year, 
the amount of accumulated cash and securities of the system, 
and the last balance sheet showing the financial condition 
of the system by means of actuarial valuation of the assets 
and liabilities thereof. The board shall submit said report 
to the mayor and shall furnish copies thereof to the city clerk 
for distribution. 

Legal Adviser. 

(7) The city solicitor of the city shall be the legal adviser 
of the retirement board. 

Medical Examinations. 

(8) The city physician of the city shall arrange for and 
pass upon all medical examinations required under the pro- 
visions of this act, shall investigate all essential statements 
and certificates by or in behalf of a member in connection 
with an application for disability retirement, and shall report 
in writing to the retirement board his conclusions and recom- 



Acts, 1934. — Chap. 152. 149 

mendations upon all the matters referred to him. If re- 
quired, other physicians may be employed by the retirement 
board to report on special cases. 

Duties of Actuary. 

(9) The retirement board shall designate an actuary who 
shall be the technical adviser of the retirement board on 
matters regarding the operation of the funds created by the 
provisions of this act, and shall perform such other duties as 
are required in connection therewith. 

(10) Immediately after the establishment of the retire- 
ment system the actuary shall make such investigation of the 
mortality, service and compensation experience of the 
members of the system as he shall recommend and the retire- 
ment board shall authorize, and on the basis of such investi- 
gation he shall recommend for adoption by the retirement 
board such tables and such rates as are required by section 
fifteen. The retirement board shall adopt tables and certify 
rates, and as soon as practicable thereafter the actuary shall 
make a valuation, based on such tables and rates, of the 
assets and liabilities of the funds created by this act. 

(11) Three years after the system becomes operative, and 
at least once in each five-year period thereafter, the actuary- 
shall make an actuarial investigation into the mortality, 
service and compensation experience of the members and 
beneficiaries of the retirement system, and shall make a 
valuation of the assets and liabilities of the funds thereof, 
and taking into account the result of such investigation and 
valuation the retirement board shall — 

(a) Adopt for the retirement system such mortality, 
service and other tables as shall be deemed necessary; and 

(6) Certify the rates of contribution payable by the city 
on account of new entrants. 

(12) On the basis of such tables as the retirement board 
shall from time to time adopt, the actuary shall make an 
annual valuation of the assets and liabilities of the reserve 
funds of the system created by this act. 

METHOD OF FINANCING. 

Section 15. All of the assets of the retirement system 
shall be credited, according to the purpose for which they 
are held, to one of the following five funds, namely, the 
Annuity Savings Fund, the Annuity Reserve Fund, the 
Pension Accumulation Fund, the Pension Reserve Fund, or 
the Expense Fund. 

Annuity Savings Fund. 

(1) (a) The Annuity Savings Fund shall be the fund to 
which shall be paid the deductions from the compensation 
of members. The treasurer of the city shall withhold four 
per centum of the regular compensation due on each pay 
day to all employees who are members of this retirement 



150 Acts, 1934. — Chap. 152. 

system. The various amounts so withheld shall be trans- 
ferred immediately thereafter to the retirement system and 
credited to the accounts of the respective members so con- 
tributing, and shall be paid into and become a part of said 
Annuity Savings Fund. 

(6) In determining the amount earnable by a member in a 
payroll period, the retirement board may consider the rate 
of annual compensation payable to such member on the first 
day of the payroll period as continuing throughout such 
payroll period, and it may omit deduction from compensation 
for any period less than a full payroll period if an employee 
was not a member on the first day of the payroll period. 

(c) The deductions provided for herein shall be made not- 
withstanding that the minimum compensation provided for 
by law for any member shall be reduced thereby. Every mem- 
ber shall be deemed to consent and agree to the deductions 
provided for herein and shall receipt for his full salary or 
compensation, and the payment of his full salary or compen- 
sation less the deductions provided for hereunder shall be 
considered a full and complete discharge and acquittance 
of all claims and demands whatsoever for the services rendered 
by such person during the period covered by such payment, 
except as to the benefits provided under this act. 

(d) In addition to the contributions deducted from com- 
pensation as hereinbefore provided, subject to the approval 
of the retirement board, any member may redeposit in the 
Annuity Savings Fund by a single payment or by an increased 
rate of contribution an amount equal to the total amount 
which he previously withdrew therefrom, as provided in this 
act, or any part thereof; or any member may deposit therein 
by a single payment or by an increased rate of contribution 
an amount computed to be sufficient to purchase an additional 
annuity, which, together with his prospective retirement 
allowance, will provide for him a total retirement allowance 
of not to exceed one half of his salary at age sixty. Such 
additional amounts so deposited shall be treated as a part 
of his accumulated deductions, except in the event of his 
retirement, when they shall not be used to increase the pen- 
sion payable, and shall be treated as excess contributions 
returnable to the member in cash or in providing an excess 
annuity of equivalent actuarial value. The accumulated 
deductions of a member withdrawn by him or paid to his 
estate or to his designated beneficiary in event of his death 
as provided in this act shall be paid from the Annuity 
Savings Fund. Upon the retirement of a member his 
accumulated deductions shall be transferred from the An- 
nuity Savings Fund to the Annuity Reserve Fund. 

Annuity Reserve Fund. 

(2) The Annuity Reserve Fund shall be the fund from 
which shall be paid all annuities and all benefits in lieu of 
annuities, payable as provided in this act. Should a bene- 



Acts, 1934. — Chap. 152. 151 

ficiary, retired on account of disability, be restored to active 
service with a compensation not less than his regular com- 
pensation at the time of his last retirement, his annuity 
reserve shall be transferred from the Annuity Reserve Fund 
to the Annuity Savings Fund, and credited to his individual 
account therein. 

Pension Accumulation Fund. 

(3) (a) The Pension Accumulation Fund shall be the 
fund into which shall be accumulated all reserves for the 
payment of all pensions and other benefits payable from 
contributions made by the city, and from which shall be 
paid all pensions and other benefits on account of members 
with prior service credit. Contributions to and payments 
from the Pension Accumulation Fund shall be made as 
follows : — 

(6) On account of each member there shall be paid annually 
into the Pension Accumulation Fund by the said city, for the 
preceding fiscal year, a certain percentage of the regular 
compensation of each member, to be known as the "normal 
contribution", and an additional percentage of his regular 
compensation to be known as the "accrued liability contri- 
bution". The rates per centum of such contributions shall 
be fixed on the basis of the liabilities of the retirement 
sy stern as shown by actuarial valuation. Until the first 
valuation the normal contribution shall be one and seventy- 
six hundredths per centum, and the accrued liabihty contri- 
bution shall be two and twenty-four hundredths per centum, 
of the regular annual compensation of all members. 

(c) On the basis of regular interest and of such mortality 
and other tables as shall be adopted by the retirement board, 
the actuary engaged by the board to make each valuation 
required by this act during the period over which the accrued 
liability contribution is payable, immediately after making 
such valuation, shall determine the uniform and constant 
percentage of the regular compensation of the average new 
entrant, which if contributed on the basis of compensation 
of such new entrant throughout his entire period of active 
service is computed to be sufficient to provide for the pay- 
ment of any pension payable on his account. The rate per 
centum so determined shall be known as the "normal con- 
tribution" rate. After the accrued liability contribution 
has ceased to be payable, the normal contribution rate shall 
be the rate per centum of the regular compensation of all 
members obtained by deducting from the total liabilities of 
the Pension Accumulation Fund the amount of the funds in 
hand to the credit of that fund and dividing the remainder 
by one per centum of the present value of the prospective 
future salaries of all members as computed on the basis of 
the mortality and service tables adopted by the retirement 
board and regular interest. The normal rate of contribution 
shall be determined by the actuary after each valuation. 



152 Acts, 1934. — Chap. 152. 

(d) Immediately succeeding the first valuation, the ac- 
tuary engaged by the retirement board shall compute the 
rate per centum of the total regular compensation of all 
members which is equivalent to four per centum of the 
amount of the total pension liability on account of all mem- 
bers and beneficiaries which is not dischargeable by the 
aforesaid normal contribution made on account of such 
members during the remainder of their active service. The 
rate per centum originally so determined shall be known as 
the "accrued HabiHty contribution rate". 

(e) The total amount payable in each year to the Pension 
Accumulation Fund shall be not less than the sum of the 
rates per centum known as the normal contribution rate and 
the accrued liability contribution rate of the total compensa- 
tion earnable by all members during the preceding year; 
provided, that the amount of each annual accrued liability 
contribution shall be at least three per centum greater than 
the preceding annual accrued liability payment, and that 
the aggregate pajrments of the city shall be sufficient when 
combined with the amount in the fund to provide the pen- 
sions and other benefits payable out of the fund during the 
year then current. 

(/) The accrued liability contribution shall be discontinued 
as soon as the accumulated reserve in the Pension Accumula- 
tion Fund shall equal the present value, as actuarially com- 
puted and approved by the retirement board, of the total 
Hability of such fund less the present value, computed on the 
basis of the normal contribution rate then in force, of the 
prospective normal contributions to be received on account 
of persons who are at that time members. 

(g) All pensions, and benefits in Heu thereof, with the 
exception of those payable on account of members who re- 
ceive no prior service allowance, payable from contributions 
of the city, shall be paid from the Pension Accumulation Fund. 

(h) Upon the retirement of a member not entitled to 
credit for prior service, an amount equal to his pension re- 
serve shall be transferred from the Pension Accumulation 
Fund to the Pension Reserve Fund. 

Pension Reserve Fund. 

(4) The Pension Reserve Fund shall be the fund from 
which shall be paid the pensions to members not entitled to 
credit for prior service and benefits in lieu thereof. Should 
such a beneficiary, retired on account of disability, be re- 
stored to active service with a compensation not less than 
his average regular compensation for the year preceding his 
last retirement, the pension reserve thereon shall be trans- 
ferred from the Pension Reserve Fund to the Pension Ac- 
cumulation Fund. Should the pension of a disability bene- 
ficiary be reduced as a result of an increase in his earning 
capacity, the amount of the annual reduction in his pension 
shall be paid annually into the Pension Accumulation Fund 
during the period of such reduction. 



Acts, 1934. — Chap. 152. 153 

Expense Fund. 

(5) The Expense Fund shall be the fund to which shall be 
credited all money appropriated by the city to pay the ad- 
ministration expenses of the retirement system, and from 
which shall be paid all the expenses necessary in connection 
with the administration and operation of the system. 

Appropriations. 

(6) (a) On or before the first day of December in each 
year the retirement board shall certify to the mayor the 
amount of the appropriation necessary to pay to the various 
funds of the retirement system the amounts payable by the 
city as enumerated in this act for the year beginning on the 
first day of January of the succeeding year, and items of 
appropriation, providing such amounts shall be included in 
the budget. 

(6) To cover the requirements of the system for the period 
prior to the date when the first regular appropriation is due, 
as provided by paragraph (a) of this subsection, such amounts 
as shall be necessary to cover the needs of the system shall 
be paid into the Pension Accumulation Fund and the Expense 
Fund by special appropriations to the system. 

MANAGEMENT OF FUNDS. 

Section 16. (1) The retirement board may invest the 
funds of the retirement system in such securities as are 
approved from time to time by the commissioner of insurance 
for the investment of the funds of life insurance companies 
under the laws of the commonwealth. 

(2) The retirement board shall annually allow regular 
interest on the average balance for the preceding year to the 
credit of the various funds from the interest and dividends 
earned from investments. Any excess earnings over the 
amount so credited shall be used for reducing the amount of 
contributions required of the city during the ensuing year. 
Any deficiency shall be paid by the city during the ensuing 
year. 

(3) The treasurer of the city shall be custodian of the 
several funds. All payments from said funds shall be made 
by him only upon vouchers signed by two persons designated 
by the retirement board. A duly attested copy of a resolu- 
tion of the retirement board designating such persons and 
bearing upon its face specimen signatures of such persons 
shall be filed with the treasurer as his authority for making 
payments upon such vouchers. No voucher shall be drawn 
unless it shall have been previously authorized by resolution 
of the retirement board. 

(4) For the purpose of meeting disbursements for pen- 
sions, annuities and other payments an amount of money, 
not exceeding ten per centum of the total amount in the 
several funds of the retirement system, may be kept on 



154 Acts, 1934. — Chap. 152. 

deposit in one or more banks or trust companies organized 
under the laws of the commonwealth or of the United States; 
provided, that the sum on deposit in any one bank or trust 
company shall not exceed ten per centum of the paid-up 
capital and surplus thereof. 

(5) The retirement board may, in its discretion, transfer 
to or from the Pension Accumulation Fund the amount of 
any surplus or deficit which may develop in the reserves 
creditable to the Annuity Reserve Fund or the Pension 
Reserve Fund, as shown by actuarial valuations. 

(6) Except as otherwise provided herein, no member and 
no employee of the retirement board shall have any direct 
interest in the gains or profits of any investment made by the 
retirement board, nor as such receive any pay or emolument 
for his services. No member or employee of the board shall, 
directly or indirectly, for himself or as an agent, in any man- 
ner use any of the securities or other assets of the retirement 
board, except to make such current and necessary payments 
as are authorized b}^ the retirement board; nor shall any 
member or employee of the retirement board become an 
endorser or surety or in any manner obligor for moneys loaned 
by or borrowed from the retirement system. 

(7) Each member of the retirement board, and the treas- 
urer of the city in his capacity as custodian of the several 
funds, shall severally give bond for the faithful performance 
of his duties in a sum and with sureties or surety approved 
by the city council. 

EXEMPTION OF FUNDS FROM TAXATION AND EXECUTION. 

Section 17. The pensions, annuities and retirement 
allowances and the accumulated deductions and the cash 
and securities in the funds created by this act are hereby 
exempted from any state, county or municipal tax of this 
commonwealth, and shall not be subject to execution or 
attachment by trustee process or otherwise, in law or in 
equity, or under any process whatsoever, and shall be 
non-assignable except as specifically provided in this act. 

RECEIPT OF BOTH RETIREMENT ALLOW^ANCE AND SALARY 
FORBIDDEN. 

Section 18. No beneficiary of the retirement system 
shall be paid for any service, except service as a juror and 
such service as he may be called upon to perform in the police 
or fire department in a time of public emergency, rendered 
by him to the city after the date of the first payment of any 
retirement allowance hereunder, except as provided in sec- 
tion nine of this act, and except as further provided in this 
section. 

Notwithstanding the above provision, a beneficiary may 
be employed, for periods of not exceeding one year at a time, 
with the approval of the mayor and city council, and may 



Acts, 1934. — Chap. 152. 155 

receive compensation from the city for the services so 
rendered; provided, that the annual rate of compensation 
paid, together with the regular retirement allowance re- 
ceived, shall not exceed the regular compensation of the said 
beneficiary at the time of retirement. 

RIGHT OF APPEAL. 

Section 19. The supreme judicial court shall have juris- 
diction in equity upon the petition of the retirement board 
or any interested party or upon the petition of not less than 
ten taxable inhabitants of the city to compel the observance 
and restrain any violation of this act and the rules and regu- 
lations authorized or established thereunder. 



TENURE UNAFFECTED. 

Section 20. Nothing contained in this act shall affect 
the right or power of the city or other duly constituted 
authority in regard to demotion, transfer, suspension or dis- 
charge of any employee. 



inconsistent acts. 

Section 21. Any of the provisions of sections forty-four, 
forty-five, seventy-seven, eighty and eighty-three of chapter 
thirty-two of the General Laws, as amended, which may be 
inconsistent herewith, and any other acts or parts of acts 
inconsistent herewith, shall, on and after the effective date of 
this act, apply only to such employees of the city as are, on 
said effective date, entitled to the benefits thereof. Nothing 
herein contained shall be construed as affecting the provisions 
of sections forty-nine to sixty, inclusive, or of section ninety- 
two of chapter thirty-two of the General Laws as amended. 

Section 22. On or before September first, in the current 
year, the question of the approval of the provisions of this 
act shall be finally voted upon by the city council of the city 
of Quincy and, whether or not said provisions are approved 
by such vote, they shall be submitted for acceptance to the 
qualified voters of said city at the annual municipal election 
to be held in the current year, in the form of the following 
question, which shall be printed upon the official ballot to 
be used at said election : — "Shall an act passed by the General 
Court in the year 1934, entitled 'An act providing retirement 
allowances based on annuity and pension contributions for 
employees of the City of Quincy', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to this question this act shall thereupon take full 
effect; otherwise it shall not take effect. 

Approved April 17, 1934- 



156 



Acts, 1934. — Chaps. 153, 154. 



Chap. 153 An Act authorizing the adjutant general to procure 

FROM THE UNITED STATES OF AMERICA COPIES OF THE 
RECORDS OF MASSACHUSETTS TROOPS IN THE WAR OF 
EIGHTEEN HUNDRED AND TWELVE AND TO FURNISH COPIES 
THEREOF AND CERTIFICATES RELATING THERETO. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

The adjutant general is hereby authorized to procure 
from the United States of America copies of the records of 
Massachusetts troops in the war of eighteen hundred and 
twelve. He shall preserve the same in his office in form 
convenient for reference and shall, upon request, certify 
copies thereof and issue certificates relating thereto. 

For the purpose of procuring said copies as aforesaid the 
adjutant general may expend such sums, not exceeding, in 
the aggregate, four hundred dollars, as may hereafter be 
appropriated therefor. Approved April 18, 1934- 



ChaV 154 ^^ "^^^ RELATIVE TO THE PROTECTION OF INTERESTS OF 
^' MUNICIPALITIES IN REAL ESTATE HELD BY THEM UNDER 



Eniericeucy 
preamble. 



G. L. (Ter. 
Kd.), 40, 
§5, etc., 
amended. 



Approi)riii- 
tions by 
cities nnd 
towns for 
insurance 
on proi>orly 
held miller 
tax sales. 



G. L. (Ter. 
Ed.), 60, 
new section 
50A, added. 



TAX SALES AND TAKINGS. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter forty of the General 
Laws, as most recently amended by section three of chapter 
three hundred and eighteen of the acts of nineteen hundred 
and thirty-three, is hereby further amended by inserting 
after the word "dollars" in the one hundred and seventj''- 
eighth line, as printed in the Tercentenary Edition, the fol- 
lowing new paragraph : — 

(38) For the preservation, care and maintenance of, and 
for the further protection by insurance and otherwise of the 
town's interest in, real estate held by it under purchases and 
takings for non-pajnnent of taxes, such appropriation to be 
expended on account of any particular real estate only in 
case there shall have been filed with the clerk of the town a 
certificate of its mayor or selectmen approved by the com- 
missioner of corporations and taxation, stating that the town's 
interest therein has not been reasonably protected, and sub- 
ject to the provisions of section fifty A of chapter sixty. 

Section 2. Chapter sixty of the General Laws is hereby 
amended by inserting after section fifty, as appearing in the 



Acts, 1934. — Chap. 155. 



157 



Tercentenary Edition, the following new section : — Section 
50 A. In the event of the filing of a certificate under clause 
(38) of section five of chapter forty in respect to any particu- 
lar real estate held by a town under a purchase or taking for 
non-payment of taxes, the collector shall make a written 
demand upon the owner of record thereof requiring that he 
take certain specified action to preserve, care for or maintain 
the same or protect by insurance or otherwise the town's 
interest therein, within a period fixed in the demand the 
expiration of which, except in case of emergency, shall be 
not earlier than seventy-two hours after the date on which 
the service of said demand is completed. Said demand shall 
be served upon such owner of record by mailing the same 
to him at his last known residence or place of business, post- 
age prepaid, and by posting a copy thereof upon such real 
estate. In default of action in compliance with such demand, 
the town may proceed to take the specified action and the 
expenses incurred on account thereof shall be included in the 
tax title account for such real estate and be treated in all 
respects as part of the legal costs and charges of collection. 

Approved April 18, 1934. 



Dutius oi tiix 
collector to 
protect by 
insurance, 
property lieM 
under tax 
sales. 



An Act regulating the terms of office of selectmen in Cfiap. 155 

TOWNS WHICH authorize THEM TO APPOINT CERTAIN 



OFFICERS, AND MAKING CERTAIN INCIDENTAL CORRECTIONS. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter forty-one of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by striking out the paragraph contained in 
the tenth line and inserting in place thereof the following:— 

Three or five selectmen for the term of one or three years, 
subject to the provisions of section twenty-one. 

Section 2. Section twenty-one of said chapter forty-one, 
as so appearing, is hereby amended by striking out all after 
the question appearing in the fifteenth line and inserting in 
place thereof the following new paragraph : — 

If a town, in which the selectmen are elected for terms of 
one year, shall vote in accordance with this section that its 
selectmen shall act as or perform the duties of any of the 
aforesaid boards or officers, it shall, at the next annual meet- 
ing, elect one selectman for one year, one for two years and 
one for three years, or, if five are to be elected, one for one 
year, two for two years and two for three years, and there- 
after in either event shall elect them for terms of three years. 
Upon the election and qualification of the selectmen at such 
next annual meeting, and upon the appointment and quali- 
fication by oath of the officers herein authorized to perform 



I'lnier^ency 
preamble. 



(i. h. (Ter. 

Kd.), 41,. 

S I , auK'iuled. 



Selectmen, 
term of oflice. 

G. L. (Ter. 

Ed.), 4], 

§2 I, amended. 



Term of 
office of 
selectmen in 
towns where 
certain otliccf 
are con- 
solidated. 



158 



Acts, 1934. — Chap. 156. 



G. L. (Ter. 
Ed.), 41, 
§66, amended. 

Superinten- 
dent of streot.s. 
Term, etc. 



Exceptions. 



the duties of any existing town board or officer, the term of 
office of such existing board or officer shall thereupon termi- 
nate, and all the duties, powers and obligations of said 
boards and officers shall be transferred to and imposed upon 
their successors. 

Section 3. Said chapter forty-one is hereby further 
amended by striking out section sixty-six, as so appearing, 
and inserting in place thereof the following : — Section 66. 
In a town which has not authorized the election of a road 
commissioner or commissioners or a surveyor or surveyors of 
highways, or which, having a road commissioner or com- 
missioners or a surveyor or surveyors of highways, has voted 
in accordance with section twenty-one that a superintendent 
of streets be appointed by the selectmen, the selectmen shall, 
as soon after the annual town meeting as may be, appoint in 
writing a superintendent of streets, who shall receive such 
compensation as the selectmen or the town determine and 
shall be removable by them when the public interest requires. 
He shall be sworn to the faithful performance of his duties, 
and shall hold office until the next annual town meeting or 
until his successor is qualified. Upon the qualification of a 
superintendent of streets appointed by the selectmen in 
accordance with a vote under said section twenty-one, the 
office or offices of highway surveyor or surveyors or road com- 
missioner or commissioners shall terminate. 

Section 4. No town shall be required to elect its select- 
men for terms of three years by reason of its having voted in 
accordance with said section twenty-one of said chapter 
forty-one prior to the effective date of this act that the 
selectmen appoint any officer named in said section, and the 
election of selectmen for terms of one year in any town which 
has so voted and all acts done by selectmen so elected and by 
officers so appointed are hereby confirmed and made valid 
to the same extent as though the selectmen had been elected 
for three year terms, notwithstanding the provisions of said 
section twenty-one as heretofore in effect. 

Approved April 18, 1984. 



Chap. 156 An Act providing for the issuance to non-resident 

UNITED STATES CITIZENS OF SPECIAL FISHING LICENSES, 
GOOD FOR THREE CONSECUTIVE DAYS ONLY, DURING CER- 
TAIN PERIODS OF THE YEAR. 

Be it enacted, etc., as follows: 

Section eight of chapter one hundred and thirty-one of the 
General Laws, as amended by section four of chapter two 
hundred and seventy-two of the acts of nineteen hundred and 
thirty-two, is hereby further amended by inserting after the 
word "cents" in the forty-first line, the following new 
paragraph : — 
Special fishing For a fishiug license covering all the inland waters and 
non°relidents good for three consccutivc days only, to be effective only 



G. L. (Ter. 
Ed.), 131, 
§8, etc., 
amended. 



Acts, 1934. — Chap. 157. 



159 



during the period commencing with May thirtieth and 
terminating with Labor day, both days inclusive, one dollar 
and fifty cents. Approved April IS, 1934- 



G. L. (Ter. 
Ed.), 202, 
§ 1 4, amended. 



Public or 
private sale 
(if real estate, 
by executors, 
tic. Authority 
of executor, 
etc., to buy. 



An Act permitting certain courts to authorize certain CJiap. 157 

FIDUCIARIES TO SELL TO THEMSELVES REAL ESTATE OF 
THEIR WARDS OR OF ESTATES UNDER THEIR CHARGE. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter two hundred and 
two of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by adding at the end 
thereof the following new sentence : — The court, if satisfied 
that such action will not be prejudicial to the interests of the 
estate, may authorize the petitioner to become the purchaser 
of such real estate at public or private sale, — so as to read 
as follows: — Section I4. Upon a petition of an executor or 
administrator for a license to sell real estate of the deceased 
or of a guardian or conservator to sell real estate of his ward, 
the court may, if the petitioner so requests, authorize him 
to sell such property at public auction and to convey to the 
purchaser all the estate, right, title and interest which the 
deceased had therein at his death and which was then charge- 
able with the payment of his debts or which the ward has at 
the time of the sale. If the petitioner requests that such 
property may be sold by private sale and the court, upon a 
hearing, finds that an advantageous offer for the purchase 
thereof has been made to the petitioner, and that the interests 
of all parties will be promoted by an acceptance thereof, it 
may authorize a conveyance by private sale in accordance 
with such offer or upon other terms; but the petitioner so 
authorized may nevertheless sell such property by public 
auction in accordance with this chapter. The court, if satis- 
fied that such action will not be prejudicial to the 
interests of the estate, may authorize the petitioner to become 
the purchaser of such real estate at public or private sale. 

Section 2. Section sixteen of chapter two hundred and 
three of the General Laws, as so appearing, is hereby amended 
by inserting after the word "trust" in the seventh fine the 
following new sentence : — In the case of a petition to sell 
real estate, the court, if satisfied that such action will not 
be prejudicial to the interests of the estate, may authorize the 
petitioner to become the purchaser of such real estate, either 
at public or private sale, — so as to read as follows : — Sec- 
tion 16. If the sale and conveyance, transfer or exchange of 
any real or personal property held in trust appears to be 
necessary or expedient, the supreme judicial court, the su- 
perior court or the probate court may, upon petition of a 
trustee or other person interested, after notice, order such 
sale and conveyance, transfer or exchange to be made, and 
the investment, reinvestment and application of the proceeds 
of such sale in such manner as will best effect the objects of 



G. L. (Ter. 
Ed.), 203, 
§16, amended. 



Sale of trust 
e.state, order 
for, etc. 



160 



Acts, 1934. — Chap. 158. 



the trust. In the case of a petition to sell real estate, the 
court, if satisfied that such action will not be prejudicial to 
the interests of the estate, may authorize the petitioner to 
become the purchaser of such real estate, either at public or 
private sale. In the case of personal property the probate 
court may make such order with or without notice and with- 
out the appointment of a guardian ad litem or next friend 
as provided in the following section. The fact that the 
trustee has the necessary authority under the terms of the 
instrument creating the trust or by law to make such sale 
and conveyance, transfer or exchange without order of the 
court shall not bar proceedings under this section, but noth- 
ing herein contained shall be deemed to require a license 
where such authority exists. Approved April 18, 1934. 



G. L. (Ter. 
Ed.), 54, 
§11, etc., 
amended. 



Election 
officers in 
certain cities, 
appointment, 
etc. 



Chan 15S ^^^ ^^^ providing for the appointment of enrolled 

^ ■ ^ VOTERS TO SERVE AS CERTAIN ELECTION OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter fifty-four of the 
General Laws, as most recently amended by section one of 
chapter seventy-six of the acts of nineteen hundred and thirty- 
two, is hereby further amended by striking out, in the eighth 
line, the word "qualified" and inserting in place thereof the 
word: — enrolled, — so as to read as follows: — Section 11. 
The mayor of every city, except where city charters provide 
otherwise and except as provided in section eleven A, shall 
annually not earlier than June fifteenth nor later than August 
fifteenth appoint as election officers for each voting precinct, 
one warden, one deputy warden, one clerk, one deputy clerk, 
four inspectors and four deputy inspectors, who shall, at the 
time of their appointment, be enrolled voters in the ward of 
which such precinct forms a part. He may, in like manner, 
appoint two inspectors and two deputy inspectors in addition, 
and such additional inspectors to count and tabulate the votes 
as he may deem necessary. Every such appointment shall 
be filed in the office of the city clerk of such city within forty- 
eight hours after it is made, and shall be acted on by the 
aldermen not less than three days after the filing of such 
appointment and on or before September first following. 
Such appointment shall be open to public inspection. 

Section 2. Section twelve of said chapter fifty-four, as 
appearing in the Tercentenary Edition of the General Laws, 
is hereby amended by inserting after the word ''be" in the 
fifth line the word : — enrolled, — so as to read as follows : — 
Section 12. The selectmen of every town divided into voting 
precincts shall annually, not earlier than June fifteenth nor 
later than August fifteenth, appoint as election officers for 
each voting precinct, one warden, one deputy warden, one 
clerk, one deputy clerk, two inspectors and two deputy in- 
spectors, who shall be enrolled voters of the precinct. They 



G. L. (Ter, 
Ed.), 54, 
§12, amended. 



Election 
officers in 
towns divided 
into voting 
precincts. 



Acts, 1934. — Chap. 158. 



161 



may, in like manner, appoint two inspectors and two deputy 
inspectors in addition. 

Section 3. Section thirteen of said chapter fifty-four, as 
so appearing, is hereby amended by inserting after the word 
"be" in the first Hne the words: — enrolled voters, — so as 
to read as follows : — Section 13. Such election officers shall 
be enrolled voters so appointed as equally to represent the 
two leading political parties, except that, without disturbing 
the equal representation of such parties, not more than two 
of such election officers not representing either of them may 
be appointed. The warden shall be of a different political 
party from the clerk, and not more than one half of the 
inspectors shall be of the same political party. In each case 
the principal officer and his deputy shall be of the same 
political party. Every election officer shall hold office for 
one year, beginning with September first succeeding his 
appointment, and until his successor is qualified, or until his 
removal. An election officer may be removed by the mayor, 
with the approval of the aldermen, or by the selectmen, after 
a hearing, upon written charge of incompetence or official 
misconduct preferred by the city or town clerk, or by not 
less than six voters of the ward, or, in a town, of the voting 
precinct where the officer is appointed to act. 

Section 4. Section nineteen of said chapter fifty-four, 
as so appearing, is hereby amended by inserting after the 
word " be " in the eighth line the words: — enrolled voters, — 
so as to read as follows: — Section 19. At state elections in 
towns not divided into voting precincts, and at town elec- 
tions in towns where official ballots are used, the selectmen, 
before the opening of the polls, shall appoint two voters as 
ballot clerks, who shall have charge of the ballots and shall 
furnish them to voters. The selectmen or the moderator pre- 
siding at such election may subsequently appoint additional 
ballot clerks, not exceeding one for every four hundred voters 
and majority fraction thereof, and may likewise fill any 
vacancy after the opening of the polls. Such ballot clerks 
shall be enrolled voters so appointed as to represent the two 
leading political parties as equally as may be, except that 
such additional ballot clerks may be appointed from voters 
not representing either of them. 

Section 5. Section twenty-one of said chapter fifty-four, 
as so appearing, is hereby amended by inserting after the 
word "shall" in the ninth Hne the words: — ■ be enrolled 
voters, — and by striking out, in the same hne, the word 
"represent" and inserting in place thereof the word: — 
representing, — so as to read as follows : — Section 21 . 
Selectmen of towns shall, at least five days before a state or 
town election, appoint voters as tellers to assist at the ballot 
box and in checking the names of voters upon the voting 
lists, and in canvassing and counting the votes. Presiding 
officers in such towns, at state and town elections, may 
appoint voters as additional tellers, and they shall do so on 
the written request of ten voters of the town. Tellers 



G. L. (Ter. 
Ed.), 54, 
§lci, ameiuJeil. 

Party repre- 
sentation, 
term of office, 
removal. 



G. T-. (Ter. 

Ed.). 54, 

§1 1), .iniended. 

Ballot clorlv.s 
in certain 



G. I;. (Ter. 
Ed.), 54, 
§21, amended. 



Tellers. 



162 Acts, 1934. — Chap. 159. 

appointed at elections where official ballots are used shall be 
so appointed that the election officers making and assisting 
in the canvass and count of votes shall be enrolled voters 
equally representing the two leading political parties. 

Approved April 18, 1934- 

ChaV 159 ^^ ^^^ AUTHORIZING THE CITY OF BEVERLY TO COMPENSATE 
THE MEMBERS OF ITS BOARD OF ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter five hundred and 
forty-two of the acts of nineteen hundred and ten is hereby 
amended by striking out the second sentence and inserting in 
place thereof the following : — Its members shall receive in 
full compensation for their services as members of the board 
of aldermen, or of any committee thereof, such salary as may 
be established by ordinance, but not exceeding three hundred 
dollars per annum for each member, — so as to read as 
follows: — Section 13. The board of aldermen shall, so far 
as is consistent with this act, have and exercise all the legisla- 
tive power of towns and of the inhabitants thereof, and shall 
have and exercise all the powers now vested by law in the city 
of Beverly and in the inhabitants thereof as a municipal 
corporation, and shall have all the powers and be subject to 
all the liabilities of city councils and of either branch thereof, 
and it may by ordinance prescribe the manner in which such 
powers shall be exercised. Its members shall receive in full 
compensation for their services as members of the board of 
aldermen, or of any committee thereof, such salary as may 
be established by ordinance, but not exceeding three hundred 
dollars per annum for each member. Sessions of the board 
whether as a board of aldermen or as a committee of the whole 
shall be open to the public, and a journal of its proceedings 
shall be kept, which journal shall be subject to public inspec- 
tion. The vote of the board upon any question shall be 
taken by roll call when the same is requested by at least three 
members. Nothing herein shall prevent the board, by special 
vote, from holding private sittings for the consideration of 
nominations by the mayor. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Beverly at the annual city 
election in the current year in the form of the following ques- 
tion which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the general court 
in the current year, entitled 'An act authorizing the city of 
Beverly to compensate the members of its board of alder- 
men', be accepted?" If a majority of the votes cast on said 
question are in the affirmative, this act shall take effect on 
January first, nineteen hundred and thirty-five, otherwise it 
shall have no effect. 

Approved April 18, 1934. 



Penalty. 



Acts, 1934. — Chap. 160. 163 



An Act relative to certain unfair practices by insur- (^/^f^r> 160 

ANCE companies, THEIR OFFICERS OR AGENTS AND INSUR- 
ANCE BROKERS IN RELATION TO INSURANCE POLICIES AND 
OTHER CONTRACTS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the General Laws o. l. (Ter. 
is hereby amended by striking out section one hundred and f^g\' ^'^^' 
eighty-one, as appearing in the Tercentenary Edition, and amended. 
inserting in place thereof the following: — Section 181. No Misrepresen- 
company, no officer or agent thereof and no insurance broker illsi°"eV° 
shall make, issue, circulate or use, or cause or permit to be prohibited. 
made, issued, circulated or used, any written or oral state- 
ment misrepresenting the terms of any policy of insurance 
or any annuity or pure endowment contract issued or to be 
issued by any company, or the benefits or privileges promised 
thereunder. No company, no officer or agent thereof and no 
insurance broker shall make to any person insured under any 
policy of insurance or holding any annuity or pure endowment 
contract any written or oral misrepresentation or misleading 
representation in respect to the terms, benefits or privileges 
of any policy of insurance or any annuity or pure endowment 
contract, or any written or oral incomplete or misleading 
comparison of any such policy or contract or of any of the 
terms, benefits or privileges thereof with any other such 
policy or contract or any of the terms, benefits or privileges 
thereof, in order to induce or which tends to induce such 
person to lapse, forfeit or surrender the policy issued to him 
or the contract held by him, or to alter or convert it into, or 
to exchange it for, any other such policy or contract. Who- 
ever violates this section shall be punished by a fine of not 
more than one thousand dollars or by imprisonment for not 
more than six months. 

Nothing in this section shall be construed to affect any of 
the provisions of section one hundred and seventy. 

The insured under any policy of life or endowment insur- 
ance or the holder of any annuity or pure endowment con- 
tract who was induced to procure it by any action in violation 
of this section by an officer or agent of the company issuing or 
executing it may recover from such company all premiums 
paid on such policy or contract less any indebtedness to the 
company thereon or secured thereby and less any payments 
otherwise made by the company thereon, in an action brought 
within two years after the date of issue thereof. 



Approved April 18,. 1934- 



164 



Acts, 1934. — Chaps. 161, 162. 



Chap. 161 An Act increasing the number of signatures required 

TO NOMINATE CANDIDATES FOR CERTAIN OFFICES AT CITY 
PRIMARY ELECTIONS IN THE CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Section four of chapter two hundred and sixty of the 
Special Acts of nineteen hundred and seventeen, as amended 
by chapter fifty-seven of the acts of nineteen hundred and 
thirty-three, is hereby further amended by striking out the 
paragraph contained in hnes thirty-three to thirty-six, 
inclusive, and inserting in place thereof the following new 
paragraph : — 

Every such candidate shall at the same time file with the 
statement a petition signed by voters of the city qualified 
to vote for a candidate for said office to the number of at 
least five hundred for the office of mayor, two hundred and 
fifty for the office of alderman or member of the school com- 
mittee and one hundred for the office of common councilman. 
The petition shall be in substantially the following form : — 

Approved April 18, 1934. 



Chap. 162 An Act making appropriations for the maintenance of 

DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND 
CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, 
SINKING FUND AND SERIAL BOND REQUIREMENTS, AND FOR 
CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for the maintenance of the several 
departments, boards, commissions and institutions, of sundry 
other services, and for certain permanent improvements, and 
to meet certain requirements of law, the sums set forth in 
section two, for the several purposes and subject to the 
conditions specified in said section two, are hereby appro- 
priated from the general fund or revenue of the common- 
wealth, unless some other source of revenue is expressed, 
subject to the provisions of law regulating the disbursement of 
public funds and the approval thereof, for the fiscal year 
ending November thirtieth, nineteen hundred and thirty- 
four, or for such other period as may be specified. 

Section 2. 



Appropriations 
for mainte- 
nance of state 
departments, 
etc., for inter- 
est, sinking 
fund and liond 
requirements, 
and for certain 
improvements. 



Item 
1 



Service of the Legislative Department. 

For the compensation of senators, a sum not exceeding 

seventy-three thousand eight hundred dollars . . $73,800 00 

For the compensation for travel of senators, a sum not 

exceeding fifty-eight hundred dollars ... . 5,800 00 

For the compensation of representatives, a sum not ex- 
ceeding four hundred thirty thousand two hundred 
dollars 430,200 00 

For the compensation for travel of representatives, a sum 
not exceeding thirty-six thousand six hundred and fifty 
dollars 36,650 00 



Acts, 1934. — Chap. 162. 165 

Item 

5 For the salaries of the clerk of the senate and the clerk of 

the house of representatives, a sum not exceeding nine 

thousand dollars $9,000 00 

6 For the salaries of the assistant clerk of the senate and the 

assistant clerk of the house of representatives, a sum 

not exceeding sixty-three hundred dollars. . . 6,300 00 

7 For such additional clerical assistance to, and with the 

approval of, the clerk of the house of representatives, 
as may be necessary for the proper despatch of public 
business, a sum not exceeding thirty-six hundred 
dollars 3,600 00 

8 For such additional clerical assistance to, and with the 

approval of, the clerk of the senate, as may be necessary 
for the proper despatch of public business, a sum not 
exceeding fourteen hundred dollars .... 1,400 00 

9 For the salary of the sergeant-at-arms, a sum not exceed- 

ing thirty-six hundred dollars ..... 3,600 00 

10 For clerical assistance, office of the sergeant-at-arms, a 

sum not exceeding forty-one hundred and ten dollars . 4,110 00 

1 1 For the compensation for travel of doorkeepers, assistant 

doorkeepers, general court officers, pages and other 
employees of the sergeant-at-arms, authorized by law 
to receive the same, a sum not exceeding seven thous- 
and and fourteen dollars ...... 7,014 00 

12 For the salaries of the doorkeepers of the senate and 

house of representatives, and the postmaster, with the 
approval of the sergeant-at-arms, a sum not exceeding 
seventy-two hundred dollars ..... 7,200 00 

13 For the salaries of assistant doorkeepers to the senate and 

house of representatives and of general court officers, 
with the approval of the sergeant-at-arms, a sum not 
exceeding forty-five thousand three hundred and sixty 
dollars 45,360 00 

14 For compensation of the pages of the senate and house of 

representatives, with the approval of the sergeant-at- 
arms, a sum not exceeding eighty-one hundred and 
ninety dollars 8,190 00 

15 For the salaries of clerks employed in the legislative 

document room, a sum not exceeding fifty-one hundred 

and thirty dollars 5,130 00 

16 For certain other persons employed by the sergeant-at- 

arms, in and about the chambers and rooms of the 
legislative department, a sum not exceeding twenty- 
eight hundred and thirty-five dollars .... 2,835 00 

17 For the salaries of the chaplains of the senate and house 

of representatives, a sum not exceeding thirteen 

hundred and fifty dollars 1,350 00 

18 For personal services of the counsel to the senate and 

assistants, a sum not exceeding thirteen thousand 

seven hundred and seventy dollars .... 13,770 00 

19 For personal services of the counsel to the house of repre- 

sentatives and assistants, a sum not exceeding sixteen 

thousand two hundred and thirty dollars . . . 16,230 00 

20 For clerical and other assistance of the senate committee 

on rules, a sum not exceeding forty-two hundred and 

sixty dollars 4,260 00 

21 For clerical and other assistance of the house committee 

on rules, a sum not exceeding thirty-seven hundred and 

sixty dollars 3,760 00 

22 For traveling and such other expenses of the committees 

of the present general court as may be authorized by 
order of either branch of the general court, a sum not 
exceeding thirty-five hundred dollars . . . 3,500 00 



166 Acts, 1934. — Chap. 162. 



Item 

23 For printing, binding and paper ordered by the senate and 

house of representatives, or by concurrent order of the 
two branches, with the approval of the clerks of the 
respective branches, a sum not exceeding sixty-one 
thousand dollars $61,000 00 

24 For expenses in connection with the publication of the 

bulletin of committee hearings and of the daily list, 
with the approval of the joint committee on rules, a 
sum not exceeding eighteen thousand six hundred 
dollars 18,600 00 

25 For stationery for the senate, purchased by and with the 

approval of the clerk, a sum not exceeding five hundred 

dollars 500 00 

26 For office and other expenses of the committee on rules 

on the part of the senate, a sum not exceeding two 

hundred dollars 200 00 

27 For office expenses of the counsel to the senate, a sum not 

exceeding three hundred dollars .... 300 00 

28 For stationery for the house of representatives, pur- 

chased by and with the approval of the clerk, a sum 

not exceeding eight hundred dollars . . . . 800 00 

29 For office and other expenses of the committee on rules on 

the part of the house, a sum not exceeding two hundred 

dollars 200 00 

30 For office expenses of the counsel to the house of repre- 

sentatives, a sum not exceeding three hundred dollars . 300 00 

31 For contingent expenses of the senate and house of repre- 

sentatives, and necessary expenses in and about the 
state house, with the approval of the sergeant-at-arms, 
a sum not exceeding eighty-five hundred dollars . . 8,500 00 

32 For telephone service, a sum not exceeding ten thousand 

dollars 10,000 00 

32a For printing the records of the Constitutional Conven- 
tion of the Commonwealth of Massachusetts, held in 
the year nineteen hundred and thirty-three, with the 
approval of the governor and council, a sum not exceed- 
ing four hundred and sixty-five dollars . . . 465 00 
32b For expenses of an investigation and study by a special 
commission of the banking structure of the common- 
wealth, as authorized by chapter thirty-five of the 
resolves of nineteen hundred and thirty-three, a sum 
not exceeding five hundred dollars, the same to be in 
addition to any amount heretofore appropriated for 
the purpose ........ 500 00 

32c For expenses of the commission on interstate compacts 
affecting labor and industry, as authorized by chapter 
forty-four of the resolves of nineteen hundred and 
thirty-three, a sum not exceeding six hundred dollars, 
the same to be in addition to any amount heretofore 
appropriated for the purpose ..... 600 00 

Total S795,024 00 

Service of the Judicial Department. 
Supreme Judicial Court, as follows: 

33 For the salaries of the chief justice and of the six asso- 

ciate justices, a sum not exceeding eighty-four thou- 
sand one hundred and fifty dollars .... $84,150 00 

34 For traveling allowance and expenses, a sum not exceed- 

ing forty-five hundred dollars ... ■ 4,500 00 

35 For the salary of the clerk for the commonwealth, a sum 

not exceeding fifty-five hundred and twenty-five 

dollars _ . 5,525 00 

36 For clerical assistance to the clerk, a sum not exceeding 

fifteen hundred dollars 1,500 00 



Acts, 1934. — Chap. 162. 167 

Item 

37 For law clerks, stenographers and other clerical assistance 

for the justices, a sum not exceeding twenty-two thou- 
sand dollars $22,000 00 

38 For office supplies, services and equipment of the supreme 

judicial court, a sum not exceeding forty-five hundred 

dollars 4,500 00 

39 For the salaries of the officers and messengers, a sum not 

exceeding twenty-seven hundred and thirty-six dollars 2,736 00 

40 For the commonwealth's part of the salary of the clerk for 

the county of Suffolk, a sum not exceeding thirteen 

hundred and fifty dollars 1,350 00 

Reporter of Decisions: 

41 For the salary of the reporter of decisions, a sum not 

exceeding fifty-one hundred dollars .... 5,100 00 

42 For clerk hire and office supplies, services and equipment, 

a sum not exceeding ninety-one hundred and ten dollars 9,110 00 

Pensions: 

43 For the pensions of retired court officers, a sum not ex- 

ceeding two hundred dollars ..... 200 00 



Total $140,671 00 

Superior Court, as follows: 

44 For the salaries of the chief justice and of the thirty-one 

associate justices, a sum not exceeding three hundred 
twenty-seven thousand two hundred and fifty dollars . $327,250 00 

45 For traveling allowance and expenses, a sum not exceed- 

ing fifteen thousand dollars ..... 15,000 00 

46 For the salary of the assistant clerk, Suffolk county, a sum 

not exceeding nine hundred dollars .... 900 00 

47 For clerical work, inspection of records and doings of per- 

sons authorized to admit to bail, for an executive clerk 
to the chief justice, and for certain other expenses 
incident to the work of the court, a sum not exceeding 
ninety-nine hundred dollars ..... 9,900 00 

48 For pensions of retired justices, a sum not exceeding six 

thousand dollars 6,000 00 



Total $359,050 00 

Justices of District Courts: 

49 For compensation of justices of district courts while sit- 

ting in the superior court, a sum not exceeding twenty- 
two thousand five hundred dollars .... $22,500 00 

50 For expenses of justices of district courts while sitting in 

the superior court, a sum not exceeding thirty-two 

hundred and forty dollars 3,240 00 

51 For reimbursing certain counties for compensation of 
certain special justices for services in holding sessions 
of district courts in place of the justice, while sitting in 
the superior court, a sum not exceeding seven thousand 

dollars 7,000 00 



Total . . $32,740 00 

Judicial Council: 
52 For expenses of the judicial council, as authorized by 
section thirty-four C of chapter two hundred and 
twenty-one of the General Laws, as appearing in the 
Tercentenary Edition thereof, a sum not exceeding 
one thousand dollars ...... $1,000 00 



108 Acts, 1934. — Chap. 162. 

Item 
53 For compensation of the secretary of the judicial council, 
as authorized by said section thirty-four C of said 
chapter two hundred and twenty-one, a sum not ex- 
ceeding thirty-one hundred and fifty dollars . . $3,150 00 



Total $4,150 00 

Administrative Committee of District Courts: 

54 For compensation and expenses of the administrative 

committee of district courts, a sum not exceeding three 

thousand dollars $3,000 00 

Probate and Insolvency Courts, as follows: 

55 For the salaries of judges of probate of the several coun- 

ties, a sum not exceeding ninety-six thousand two 

hundred and fifty dollars 96,250 00 

56 For pensions of retired judges, a sum not exceeding sixty- 

three hundred and seventy-five dollars . . . 6,375 00 

57 For the compensation of judges of probate when acting 

for other judges of probate, a sum not exceeding four- 
teen thousand dollars ...... 14,000 00 

58 For expenses of judges of probate when acting for other 

judges of probate, a sum not exceeding nine hundred 

dollars 900 00 

59 For the salaries of registers of the several counties, a sum 

not exceeding fifty-five thousand seven hundred and 

fifty dollars 55,750 00 

60 For the salaries of assistant registers, a sum not exceeding 

sixty-six thousand and fifty-five dollars . . . 66,055 00 



Total $239,330 00 

Administrative Committee of Probate Courts: 

61 For expenses of the administrative committee of probate 

courts, a sum not exceeding five hundred dollars . . $500 00 

For clerical assistance to Registers of the several 
counties, as follows: 

62 Barnstable, a sum not exceeding two thousand dollars . 2,000 00 

63 Berkshire, a sum not exceeding forty-one hundred and 

sixty dollars 4,160 00 

64 Bristol, a sum not exceeding thirteen thousand three 

hundred and fifty dollars 13,350 00 

65 Dukes County, a sum not exceeding six hundred dollars . 600 00 

66 Essex, a sum not exceeding fifteen thousand one hundred 

and eighty dollars 15,180 00 

67 Franklin, a sum not exceeding eight hundred and ten 

dollars 810 00 

68 Hampden, a sum not exceeding ninety-five hundred and 

fifty dollars 9,550 00 

69 Hampshire, a sum not exceeding fifteen hundred and 

ninety dollars 1,590 00 

70 Middlesex, a sum not exceeding forty-two thousand five 

hundred dollars 42,500 00 

71 Norfolk, a sum not exceeding ten thousand seven hundred 

and forty dollars 10,740 00 

72 Plymouth, a sum not exceeding forty-two hundred dollars 4,200 00 

73 Suffolk, a sum not exceeding fifty-six thousand eight 

hundred and fifty dollars 56,850 00 

74 Worcester, a sum not exceeding thirteen thousand eight 

hundred dollars 13,800 00 



Total $175,330 00 



Acts, 1934. — Chap. 162. 169 

Item 

District Attorneys, as follows: 

75 For the salaries of the district attornej^ and assistants for 

the Suffolk district, a sum not exceeding fifty-two 

thousand nine hundred dollars. .... $52,900 00 

76 For the salaries of the district attorney and assistants for 

the northern district, a sum not exceeding twenty-one 

thousand two hundred and fifty dollars . . . 21,250 00 

77 For the salaries of the district attorney and assistants for 

the eastern district, a sum not exceeding thirteen 

thousand two hundred dollars . .... 13,200 00 

78 For the salaries of the district attorney, deputy district 

attorney and assistants for the southeastern district, 
a sum not exceeding thirteen thousand seven hundred 
and forty dollars 13,740 00 

79 For the salaries of the district attorney and assistants for 

the southern district, a sum not exceeding ninety-three 

hundred and sixty dollars ..... 9,360 00 

80 For the salaries of the district attorney and assistants for 

the middle district, a sum not exceeding thirteen thou- 
sand two hundred dollars. ..... 13,200 00 

81 For the salaries of the district attornej'' and assistants for 

the western district, a sum not exceeding seventy-five 

hundred and sixty dollars ..... 7,560 00 

82 For the salary of the district attorney for the north- 

western district, a sum not exceeding twenty-seven 

hundred dollars 2,700 00 

83 For traveling expenses necessarily incurred by the dis- 

trict attorneys, except in the Suffolk district, for the 
present and previous years, a sum not exceeding nine 
thousand dollars 9,000 00 



Total $142,910 00 

Service of the Land Court. 

84 For the salaries of the judge, associate judges, the re- 

corder and court officer, a sum not exceeding thirty- 
eight thousand two hundred and twenty dollars . . $38,220 00 

85 For engineering, clerical and other personal services, a 

sum not exceeding thirty-six thousand three hundred 

and thirty dollars 36,330 00 

86 For personal services in the examination of titles, for pub- 

lishing and serving citations and other services, travel- 
ing expenses, supplies and office equipment, and for 
the preparation of sectional plans showing registered 
land, a sum not exceeding thirteen thousand dollars. . 13,000 00 



Total $87,550 00 

Service of the Board of Probation. 

87 For personal services of the commissioner, clerks and 

stenographers, a sum not exceeding forty-eight thou- 
sand five hundred dollars $48,500 00 

88 For services other than personal, including printing the 

annual report, traveling expenses, rent, office supplies 
and equipment, a sum not exceeding twelve thousand 
three hundred dollars 12,300 00 



Total . $60,800 00 

Service of the Board of Bar Examiners. 

89 For personal services of the members of the board, a sum 

not exceeding ninety-nine hundred dollars . . $9,900 00 



170 Acts, 1934. — Chap. 162. 

Item 
90 For other services, including printing the annual report, 
traveling expenses, office supplies and equipment, a 
sum not exceeding nine thousand dollars . . . 9,000 00 



Total $18,900 00 

Service of the Executive Department. 

91 For the salary of the governor, a sum not exceeding 

eighty-five hundred dollars $8,500 00 

92 For the salary of the lieutenant governor, a sum not 

exceeding thirty-six hundred dollars . . . 3,600 00 

93 For the salaries of the eight councillors, a sum not ex- 

ceeding seventy-two hundred dollars . . . 7,200 00 

94 For the salaries of officers and employees of the depart- 

ment, a sum not exceeding thirty-three thousand and 

ninety-five dollars ....... 33,095 00 

95 For certain personal services for the lieutenant governor 

and council, a sum not exceeding thirteen hundred and 

fifty dollars 1,350 00 

96 For travel and expenses of the lieutenant governor and 

council from and to their homes, a sum not exceeding 

one thousand dollars ...... 1,000 00 

97 For postage, printing, office and other contingent ex- 

penses, including travel of the governor, a sum not 

exceeding fifteen thousand dollars .... 15,000 00 

98 For postage, printing, stationery, traveling and contin- 

gent expenses of the governor and council, a sum not 

exceeding twenty-five hundred dollars . . . 2,500 00 

99 For expenses incurred in the arrest of fugitives from 

justice, a sum not exceeding one thousand dollars . 1,000 00 

100 For pajinent of extraordinary expenses and for transfers 

made to cover deficiencies, with the approval of the 
governor and council, a sum not exceeding one hundred 
thousand dollars 100,000 00 

101 For certain maintenance expenses of the governor's auto- 

mobile, a sum not exceeding two thousand dollars . 2,000 00 



Total $175,245 00 

Service of the Adjutant General. 

102 For the salary of the adjutant general, a sum not exceed- 

ing thirty-six hundred and ninety dollars . . . $3,690 00 

103 For personal services of office assistants, including serv- 

ices for the preparation of records of Massachusetts 
soldiers and sailors, a sum not exceeding thirty-one 
thousand three hundred and ninety-four dollars . . 31,394 00 

104 For services other than personal, printing the annual 

report, and for necessary office supplies and expenses, 

a sum not exceeding fifty-five hundred dollars . . 5,500 00 

105 For expenses of the national guard convention and for 

expenses not otherwise provided for in connection with 
military matters and accounts, a sum not exceeding 
eight thousand dollars 8,000 00 



Total $48,584 00 

Service of the Militia. 

106 For allowances to companies and other administrative 

units, a sum not exceeding one hundred fifty-six thou- 
sand dollars $156,000 00 

107 For certain allowances for national guard officers, as 

authorized by paragraph {d) of section one hundred and 
forty-five of chapter thirty-three of the General Laws, 



Acts, 1934. — Chap. 162. 171 



Item 



as appearing in the Tercentenary Edition thereof, a 
sum not exceeding twenty-four thousand two hundred 
dollars $24,200 00 

108 For pay and transportation of certain boards, a sum not 

exceeding two thousand dollars .... 2,000 00 

109 For pay and expenses of certain camps of instruction, a 

sum not exceeding thirty-five hundred dollars . . 3,500 00 

110 For pay and transportation in making inspections and 

surveys, and for escort duty, a sum not exceeding four 

thousand dollars 4,000 00 

111 For transportation of officers and non-commissioned 

officers for attendance at military meetings, a sum not 

exceeding four thousand dollars .... 4,000 00 

112 For transportation to and from regimental and battalion 

drills, a sum not exceeding fifteen hundred dollars . 1,500 00 

113 For transportation when appearing for examination, a 

sum not exceeding one hundred and fifty dollars . . 150 00 

114 For expenses of rifle practice, a sum not exceeding ten 

thousand dollars . . 10,000 00 

115 For compensation, transportation and expenses in the 

preparation for camp duty maneuvers, a sum not ex- 
ceeding twenty-five thousand dollars .... 25,000 00 

116 For maintenance of horses, a sum not exceeding six thou- 

sand and ninety-six dollars ..... 6,096 00 

117 For compensation for special and miscellaneous duty, a 

sum not exceeding eleven thousand seven hundred and 

fifty dollars 11,750 00 

118 For compensation for accidents and injuries sustained in 

the performance of military duty, a sum not exceeding 

nine thousand dollars ...... 9,000 00 

119 To cover certain small claims for damages to private 

property arising from military maneuvers, a sum not 

exceeding fifteen hundred dollars .... 1,500 00 

120 For expenses of maintaining an aero squadron, a sum not 

exceeding four thousand dollars .... 4,000 00 

121 For premiums on bonds for officers, a sum not exceeding 

fifteen hundred dollars 1,500 00 

122 For instruction in military authority, organization and 

administration, and in the elements of military art, a 

sum not exceeding eleven thousand dollars . . 11,000 00 

123 For allowances for batteries of field artillery, a sum not 

exceeding sixty-four hundred dollars . . . 6,400 00 

124 For expenses of operation of the twenty-sixth division, 

a sum not exceeding forty-five hundred dollars . . 4,500 00 

125 For clerical and other expenses for the office of the 

property and disbursing officer, a sum not exceeding 

fifty-four hundred dollars ..... 5,400 00 

126 For personal services necessary for the operation of the 

commonwealth depot and motor repair park, a sum not 

exceeding twenty-two thousand two hundred dollars . 22,200 00 



Total $313,696 00 

Service of Special Military Expenses. 

127 For the expense of furnishing certificates of honor for 

service on the Mexican border, as authorized by law, a 

sum not exceeding twenty-five dollars . . . $25 00 

128 For the expense of testimonials to soldiers and sailors of 

the world war, to be expended under the direction of 
the adjutant general, a sum not exceeding five hundred 
dollars 500 00 

Total $525 00 



172 Acts, 1934. — Chap. 162. 



Service of the State Quartermaster. 
Item 

129 For personal services of the state quartermaster, super- 

intendent of arsenal and certain other employees of 
the state quartermaster, a sum not exceeding twenty- 
two thousand five hundred dollars .... $22,500 00 

130 For expert assistance, the employment of which may be 

exempt from civil service rules, in the disbursement of 
certain money to the officers and enlisted men of the 
militia for compensation and allowances, a sum not 
exceeding eleven hundred and ten dollars . . . 1,110 00 

131 For the salaries of armorers and assistant armorers of 

first class armories, and superintendent of armories, a 
sum not exceeding one hundred twenty-eight thousand 
three hundred and ninety dollars .... 128,390 00 

132 For certain incidental military expenses of the quarter- 

master's department, a sum not exceeding seven 

hundred dollars 700 00 

133 For office and general supplies and equipment, a sum not 

exceeding ninety-eight hundred dollars . . . 9,800 00 

134 For the care and maintenance of the camp ground and 

buildings at Framingham, a sum not exceeding nine 

hundred dollars 900 00 

135 For the maintenance of armories of the first class, in- 

cluding the purchase of certain furniture, a sum not 
exceeding one hundred sixty-two thousand eight 
hundred dollars 162,800 00 

136 For reimbursement for rent and maintenance of armories 

of the second and third classes, a sum not exceeding 

sixty-three hundred dollars ..... 6,300 00 

137 For expense of maintaining and operating the Camp 

Curtis Guild rifle range, a sum not exceeding twenty 

thousand dollars 20,000 00 

138 For maintenance, other than personal services, of the 

commonwealth depot and motor repair park, a sum 

not exceeding ten thousand dollars .... 10,000 00 

Total $362,500 00 

Service of the State Surgeon. 

139 For personal services of the state surgeon, and regular 

assistants, a sum not exceeding sixty-five hundred and 

ten dollars $6,510 00 

140 For services other than personal, and for necessary medi- 

cal and office supplies and equipment, a sum not exceed- 
ing twenty-five hundred dollars .... 2,500 00 

141 For the examination of recruits, a sum not exceeding 

eighty-five hundred dollars ..... 8,500 00 

Total $17,510 00 

Service of the State Judge Advocate. 

142 For compensation of the state judge advocate, as pro- 

vided by law, a sum not exceeding thirteen hundred 

and fifty dollars $1,350 00 

Service of the Commission on Administration and Finance. 

143 For personal services of the commissioners, a sum not 

exceeding twenty-two thousand one hundred dollars . $22,100 00 

144 For personal services of assistants and employees, a sum 

not exceeding one hundred sixty-five thousand and 

sixty dollars 165,060 00 

145 For other expenses incidental to the duties of the com- 

mission, a sum not exceeding eighteen thousand five 

hundred dollars 18,500 00 

Total $205,660 00 



Acts, 1934. — Chap. 162. 173 

Item 

Purchase of paper: 

146 For the purchase of paper used in the execution of the 

contracts for state printing, other than legislative, with 
the approval of the commission on administration and 
finance, a sum not exceeding fifty-two thousand dollars $52,000 00 

Service of the Armory Commissioners. 

147 For compensation of members, a sum not exceeding two 

thousand and seventy dollars ..... $2,070 00 

148 For office, incidental, and traveling expenses, a sum not 

exceeding one hundred dollars ..... 100 00 

149 For taxes on certain property in the town of Natick used 

by the commonwealth for military purposes, a sum not 

exceeding fifty-two hundred dollars .... 5,200 00 

150 For payment on account of the purchase of certain land in 

the town of Natick, including interest thereon, a sum 
not exceeding twenty-four thousand seven hundred 
forty-four dollars and sixteen cents .... 24,744 16 



Total $32,114 16 

Service of the Commissioner of State Aid and Pensions. 

151 For personal services of the commissioner and deputies, a 

sum not exceeding ten thousand and eighty dollars . $10,080 00 

152 For personal services of agents, clerks, stenographers and 

other assistants, a sum not exceeding twenty-four 

thousand seven hundred and eighty dollars . . 24,780 00 

153 For services other than personal, including printing the 

annual report, traveling expenses of the commissioner 
and his employees, and necessary office supplies and 
equipment, a sum not exceeding five thousand dollars . 5,000 00 



Total $39,860 00 

For Expenses on Account of Wars. 

154 For reimbursing cities and towns for money paid on ac- 

count of state and military aid to Massachusetts 
soldiers and their families, the sum of four hundred 
sixty-four thousand dollars, the same to be paid on or 
before the fifteenth day of November in the current 
year, in accordance with the provisions of existing laws 
relative to state and military aid .... $464,000 00 

155 For certain care of veterans of the civil war and their 

wives and widows, as authorized by section twenty-five 
of chapter one hundred and fifteen of the General Laws, 
as appearing in the Tercentenary Edition thereof, a 
sum not exceeding forty thousand dollars . . . 40,000 00 

156 For expenses of printing certain volumes of records of 

Massachusetts soldiers in the civil war, a sum not 
exceeding six thousand dollars, the same to be in addi- 
tion to any unexpended balance of an appropriation 
made for the purpose in previous years . . . 6,000 00 



Total $510,000 00 

Service of the Massachusetts Soldiers' Home. 
157 For the maintenance of the Soldiers' Home in Massa- 
chusetts, with the approval of the trustees thereof, a 
sum not exceeding two hundred thousand three hun- 
dred and eighty dollars, the same to be in addition to 
certain receipts from the United States government. 
Payments from the state treasury under this item shall 
be made only upon vouchers filed with the comp- 
troller in accordance with the procedure prescribed 



174 Acts, 193-1. — Chap. 162. 

Item 

under section eighteen of chapter twenty-nine of the 
General Laws, as appearing in the Tercentenary Edi- 
tion thereof $200,380 00 

Service of the Art Commission. 

158 For expenses of the commission, a sum not exceeding one 

hundred dollars $100 00 

Service of the Ballot Law Commission. 

159 For compensation of the commissioners, a sum not ex- 

ceeding fifteen hundred dollars .... $1,500 00 

160 For expenses, including travel, supplies and equipment, a 

sum not exceeding five hundred dollars . . . 500 00 



Total $2,000 00 

Service of the Commissioners on Uniform State Laws. 

161 For expenses of the commissioners, a sum not exceeding 

six hundred dollars $600 00 

For the Maintenance of the Mount Greylock War Memorial. 

162 For expenses of maintenance of the Mount Greylock war 

memorial, as authorized by chapter three hundred and 
thirty-six of the acts of nineteen hundred and thirty- 
three, a sum not exceeding thirty-five hundred dollars . $3,500 00 

Service of the Alcoholic Beverages Control Commission. 

163 For the administrative expenses of the alcoholic bever- 

ages control commission, including salaries of the com- 
missoners and their employees, and for all contingent 
expenses, including rent of offices, travel, and office and 
incidental expenses, a sum not exceeding one hundred 
fifty thousand dollars, which shall be paj'able from fees 
collected under chapters one hundred and twenty and 
two hundred and thirty-four, both of tlic acts of nine- 
teen hundred and thirty-three, and under section 
twenty-seven of chapter one hundred and thirty-eight 
of the General Laws, as appearing in section two of 
chai)ter three hundred and seventy-six of the acts of 
said year $150,000 00 

Service of the State Emergency Public Works Commission. 

164 For expenses of the board appointed to formulate pro- 

jects or perform any act necessary to enable the 
commonwealth to receive certain benefits provided 
by the National Industrial Recovery Act, a sum not 
exceeding twenty-three thousand two hundred dollars $23,200 00 

Service of the State Library. 

165 For personal services of the librarian, a sum not exceeding 

fifty-one hundred dollars $5,100 00 

166 For personal services of the regular library assistants, 

temporary clerical assistance, and for services for 
cataloguing, a sum not exceeding thirty-six thousand 
and sixty-six dollars ...... 36,066 00 

167 For services other than personal, including printing the 

annual report, office supplies and equipment, and in- 
cidental traveling expenses, a sum not exceeding 
fifteen hundred dollars 1,500 00 

168 For books and other publications and things needed for 

the library, and the necessary binding and rebinding 
incidental thereto, a sum not exceeding nine thousand 
dollars . . . * 9,000 00 

Total $51,666 00 



Acts, 1934. — Chap. 162. 175 

Service of the Superintendent of Buildings. 
Item 

169 For personal services of the superintendent and office 

assistants, a sum not exceeding ninety-six hundred and 

ninety dollars $9,690 00 

170 For personal services of engineers, assistant engineers, 

firemen and helpers in the engineer's department, a 

sum not exceeding fifty-five thousand and fifty dollars 55,050 00 

171 For personal services of state house guards and assistant 

state house guards, a sum not exceeding forty thousand 

two hundred and thirty dollars .... 40,230 00 

172 For personal services of janitors, a sum not exceeding 

twenty- three thousand seven hundred and ninety 

dollars 23,790 00 

173 For other personal services incidental to the care and 

maintenance of the state house, a sum not exceeding 

seventy thousand dollars ..... 70,000 00 

174 For personal services of the central mailing room, a sum 

not exceeding fifty-four hundred and eighty dollars . 5,480 00 



Total $204,240 00 

Other Annual Expenses: 

175 For contingent, office and other expenses of the superin- 

tendent, a sum not exceeding three hundred dollars . $300 00 

176 For telephone service in the building and expenses in 

connection therewith, a sum not exceeding forty-two 

thousand dollars 42,000 00 

177 For services, supplies and equipment necessary to furnish 

heat, light and power, a sum not exceeding thirty-five 

thousand four hundred dollars ..... 35,400 00 

178 For other services, supplies and equipment necessary for 

the maintenance and care of the state house and 
grounds, including repairs of furniture and equipment, 
a sum not exceeding twenty-eight thousand dollars . 28,000 00 

179 For office and other expenses of the central mailing room, 

a sum not exceeding one hundred dollars . . . 100 00 



Total $105,800 00 

For the Maintenance of Old State House. 

180 For the contribution of the commonwealth toward the 

maintenance of the old provincial state house, the sum 

of fifteen hundred dollars $1,500 00 

Mashpee Advisory Commission. 

181 For expenses of the advisory commission for the town of 

Mashpee, as authorized by chapter two hundred and 
twenty-three of the acts of nineteen hundred and 
thirty-two, a sum not exceeding one hundred dollars . $100 00 

Service of the Secretary of the Commonwealth. 

182 For the salary of the secretary, a sum not exceeding fifty- 

nine hundred and fifty dollars ..... $5,950 00 

183 For the salaries of officers and employees holding posi- 

tions established by law, and other personal services, a 
sum not exceeding one hundred two thousand three 
hundred dollars 102,300 00 

184 For services other than personal, traveling expenses, 

office supplies and equipment, for the arrangement and 
preservation of state records and papers, and for ad- 
vertising the purpose of sections twenty-eight A to 
twenty-eight D of chapter six of the General Laws, as 
appearing in the Tercentenary Edition thereof, a sum 
not exceeding seventeen thousand five hundred dollars 17,500 00 



176 Acts, 1934. — Chap. 162. 



Item 

185 For postage and expressage on public documents, and for 

mailing copies of bills and resolves to certain state, city 
and town officials, a sum not exceeding thirty-five 
hundred dollars $3,500 00 

186 For printing registration books, blanks and indices, a sum 

not exceeding one thousand dollars .... 1,000 00 

187 For the purchase of certain supplies and equipment, and 

for other things necessary in connection with the re- 
production of the manuscript collection designated 
"Massachusetts Archives", a sum not exceeding 
fifteen hundred dollars 1,500 00 

188 For the purchase and distribution of copies of certain 

' journals of the house of representatives of Massa- 
chusetts Bay from seventeen hundred and fifteen to 
seventeen hundred and eighty, inclusive, as authorized 
by chapter four hundred and thirteen of the acts of 
nineteen hundred and twenty, a sum not exceeding 
seven hundred and fifty dollars ..... 750 00 

189 For the purchase of ink for public records of the com- 

monwealth, a sum not exceeding one thousand dollars . 1,000 00 

190 For traveling expenses of the supervisor of public records, 

a sum not exceeding seven hundred dollars . . 700 00 

191 For expen!5es required in taking the decennial census, a 

sum not exceeding five thousand dollars . . . 5,000 00 



Total $139,200 00 

Indexing vital statistics: 

192 For the preparation of certain indexes of births, marriages 

and deaths, a sum not exceeding nine thousand dollars. $9,000 00 

For printing laws, etc.: 

193 For printing and distribution of the pamphlet edition of 

the acts and resolves of the present year, a sum not ex- 
ceeding forty-eight hundred dollars .... $4,800 00 

194 For printing and binding the blue book edition of the acts 

and resolves of the present year, a sum not exceeding 

sixty-six hundred dollars ..... 6,600 00 

195 For the printing of reports of decisions of the supreme 

judicial court, a sum not exceeding twenty-eight 
thousand dollars, the same to be in addition to any 
unexpended balance of an appropriation made for the 
purpose in the previous year ..... 28,000 00 

196 For printing and binding public documents, a sum not 

exceeding three thousand dollars .... 3,000 00 

Total $42,400 00 

For matters relating to elections: 

197 For personal and other services in preparing for primary 

elections, and for the expenses of preparing, printing 
and distributing ballots for primary and other elections, 
a sum not exceeding one hundred sixty-seven thousand 
dollars $167,000 00 

198 For the printing of blanks for town officers, election 

laws and blanks and instructions on all matters relating 
to elections, a sum not exceeding forty-five hundred 
dollars 4,500 00 

199 For furnishing cities and towns with ballot boxes, and for 

repairs to the same; for the purchase of apparatus to be 
used at polling places in the canvass and counting of 
votes; and for providing certain registration facilities, 
a sum not exceeding one thousand dollars . . • 1,000 00 

200 For expenses of publication of lists of candidates and 

forms of questions before state elections, a sum not 

exceeding fifteen thousand dollars .... 15,000 00 



Acts, 1934. — Chap. 162. 17' 

Item 

201 For administering the law to permit absent voters to vote 

at state elections, a sum not exceeding five thousand 

dollars SS.OOO 00 

202 For expenses of compiling and publishing information to 

voters, as required by section fifty-three of chapter 
fifty-four of the General Laws, as appearing in the 
Tercentenary Edition thereof, a sum not exceeding 
forty thousand dollars 40,000 00 



Total $232,500 00 

Medical Examiners' Fees: 

203 For medical examiners' fees, as provided by law, a sum 

not exceeding one thousand dollars .... $1,000 00 

Service of the Treasurer and Receiver-General. 

204 For the salary of the treasurer and receiver-general, a 

sum not exceeding fifty-one hundred dollars . . $5,100 00 

205 For salaries of officers and employees holding positions 

established by law and additional clerical and other 
assistance, a sum not exceeding fifty-one thousand 
three himdred and sixty dollars .... 51,360 00 

206 For ser\aces other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 

twenty-one thousand dollars ..... 21,000 00 

Total $77,460 00 

Commissioners on Firemen's Relief: 

207 For relief disbursed, with the approval of the commis- 

sioners on firemen's relief, subject to the provisions of 
law, a sum not exceeding seventeen thousand five 
hundred dollars $17,500 00 

208 For expenses of administration by the commissioners on 

firemen's relief, a sum not exceeding five hundred 

doUars 500 00 



Total $18,000 00 

Payments to Soldiers: 

209 For expenses of administering certain laws relating to 

payments in recognition of military ser'V'ice in the 
world war, a sum not exceeding twenty-six hundred 
and twenty dollars, to be paid from the receipts from 
taxes levied under authority of chapters two hundred 
and eighty-three and three hundred and forty-two of 
the General Acts of nineteen hundred and nineteen . $2,620 00 

210 For making payments to soldiers in recognition of service 

during the world war, as proAaded by law, a sum not 
exceeding eight thousand dollars, to be paid from 
receipts from taxes levied as specified in item two 
hundred and nine ....... 8,000 00 



Total $10,620 00 

State Board of Retirement: 

211 For personal ser\rices in the administrative office of the 

state board of retirement, a sum not exceeding ninety- 
seven hundred and eighty dollars .... $9,780 00 

212 For services other than personal, printing the annual 

report, and for office supplies and equipment, a sum not 

exceeding fifty-three hundred dollars . . . . 5,300 00 

213 For requirements of annuity funds and pensions for 

employees retired from the state service under author- 
ity of law, a sum not exceeding two hundred thirty- 
eight thousand dollars 238,000 00 

Total $253,080 00 



178 Acts, 1934. — Chap. 162. 



Item 

Board of Tax Appeals: 

214 For personal services of the members of the board and 

employees, a sum not exceeding sixty-one thousand 

nine hundred dollars $61,900 00 

215 For services other than personal, traveling expenses, 

office supplies and equipment, and rent, a sum not 
exceeding sixteen thousand two hundred and fifty 
dollars 16,250 00 



Total $78,150 00 

Service of the Emergency Finance Board. 

216 For administrative expenses of the emergency finance 

board, a sum not exceeding thirty-five thousand 

dollars $35,000 00 

Requirements for Extinguishing the State Debt. 

217 For sinking fund requirements and for certain serial bonds 

maturing during the present year, the sum of one 
million six hundred thirty-nine thousand four hundred 
twenty-five dollars and eighty-three cents, payable 
from the following accounts and funds in the following 
amounts: — from the Highway Fund, two hundred 
three thousand three hundred forty-two dollars and 
fifty cents; and the remainder from the General Fund .$1,639,425 83 
217a To meet one fourth of the expenditures authorized by 
sections one and tv/o of chapter one hundred and 
twenty-two of the acts of nineteen hundred and thirty- 
one, and already in the main incurred, which is the 
proportionate part intended to be ultimately met by 
the commonwealth during the current fiscal year, 
thereby reducing by the sum hereby appropriated the 
amount that may be borrowed under section three of 
said chapter, without otherwise affecting the authority 
to borrow under said section three the remainder of 
the amount authorized to be borrowed thereunder, the 
sum of two million one hundred and twenty-five 
thousand dollars, the same to be paid from the High- 
way Fund 2,125,000 00 

Interest on the Public Debt. 

218 For the payment of interest on the direct debt of the 

commonwealth, a sum not exceeding eight hundred 
seventeen thousand dollars, of which sum two hundred 
sixty thousand seven hundred seventy-six dollars and 
twenty-five cents shall be paid from the Highway Fund $817,000 00 

Service of the Auditor of the Commonwealth. 

219 For the salary of the auditor, a sum not exceeding fifty- 

one hundred dollars ...... $5,100 00 

220 For personal services of deputies and other assistants, a 

sum not exceeding forty-seven thousand seven hundred 

dollars 47,700 00 

221 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 
seventy-four hundred dollars ..... 7,400 GO 

Total $60,200 00 

Service of the Attorney GeneraVs Department. 

222 For the salary of the attorney general, a sum not exceed- 

ing sixty-eight hundred dollars .... $6,800 00 



Acts, 1934. — Chap. 162. 179 

Item 

223 For the compensation of assistants in his office, and for 

such other legal and personal services as may be re- 
quired, a sum not exceeding seventy-five thousand 
dollars $75,000 00 

224 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding six 

thousand dollars 6,000 00 

225 For the settlement of certain small claims, as authorized 

by section three A of chapter twelve of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
a sum not exceeding five thousand dollars . . . 5,000 00 

226 For the settlement of certain claims, as provided by law, 

on account of damages by cars owned by the common- 
wealth and operated by state employees, a sum not 
exceeding four thousand dollars .... 4,000 00 

227 For expenses of advertising unclaimed savings bank 

deposits, a sum not exceeding fifteen thousand dollars . 15,000 00 



Total $111,800 00 

Service of the Department of Agriculture. 

228 For the salary of the commissioner, a sum not exceeding 

fifty-one hundred dollars $5,100 00 

229 For personal services of clerks and stenographers, a sum 

not exceeding eighteen thousand eight hundred dollars 18,800 00 

230 For traveling expenses of the commissioner, a sum not 

exceeding nine hundred dollars ..... 900 00 

231 For services other than personal, printing the annual re- 

port, office supplies and equipment, and printing and 
furnishing trespass posters, a sum not exceeding eight 
thousand dollars 8,000 00 

232 For compensation and expenses of members of the ad- 

visory board, a sum not exceeding seventeen hundred 

dollars 1,700 00 

233 For services and expenses of apiary inspection, a sum not 

exceeding two thousand dollars .... 2,000 00 

Division of Dairying and Animal Husbandry: 

234 For personal services, a sum not exceeding thirteen 

thousand three hundred dollars .... 13,300 00 

235 For other expenses, including the enforcement of the 

dairy laws of the commonwealth, a sum not exceeding 

six thousand dollars ...... 6,000 00 

236 For administering the law relative to the inspection of 

barns and dairies by the department of agriculture, a 

sum not exceeding twenty-two thousand dollars . . 22,000 00 

237 For expenses of administering sections forty-two A to 

forty-two K, inclusive, of chapter ninety-four of the 
General Laws, as appearing in section two of chapter 
three hundred and thirty-eight of the acts of nineteen 
hundred and thirty-three, relative to the licensing and 
bonding of milk dealers, a sum not exceeding five 
thousand dollars 5,000 00 

Division of Plant Pest Control: 

238 For personal services, a sum not exceeding ninety-six 

hundred and fifty dollars 9,650 00 

239 For other expenses, a sum not exceeding forty-six hundred 

dollars 4,600 00 

Division of Markets: 

240 For personal services, a sum not exceeding twenty-four 

thousand seven hundred dollars .... 24,700 00 

241 For other expenses, a sum not exceeding seventy-six 

hundred dollars 7,600 00 



180 Acts, 1934. — Chap. 162. 



Item 

Division of Reclamation, Soil Survey and Fairs: 

242 For personal services, a sum not exceeding ten thousand 

nine hundred dollars $10,900 00 

243 For travel and other expenses, a sum not exceeding six 

thousand dollars 6,000 00 

244 For state prizes and agricultural exhibits, a sum not ex- 

ceeding thirty thousand dollars, the same to be in 
addition to any amount heretofore appropriated for 
this purpose, and any unexpended balance remaining 
at the end of the current fiscal year may be used in the 
succeeding year ....... 30,000 00 

Specials: 

245 For work in protecting the pine trees of the common- 

wealth from white pine blister rust, and for pajonents 
of claims on account of currant and gooseberry bushes 
destroyed in the work of suppressing white pine blister 
rust, a sum not exceeding three thousand dollars . $3,000 00 

246 For quarantine and other expenses in connection with 

the work of suppression of the European corn-borer, 
so called, a sum not exceeding three thousand dollars, 
the same to be in addition to any amount heretofore 
appropriated for the purpose ..... 3,000 00 

247 For quarantine and other expenses in connection with 

the work of suppression of the Japanese beetle, so 

called, a sum not exceeding thirty-four hundred dollars 3,400 00 

248 For the cost of work of inspecting certain orchards of the 

commonwealth to provide for effective apple pest 
control, a sum not exceeding twenty-five hundred 
dollars 2,500 00 



Total $188,150 00 

Service of the State Reclamation Board. 

249 For expenses of the board, a sum not exceeding ninety- 

seven hundred dollars ...... $9,700 00 

Special: ........ 

250 For the maintenance and construction of drainage 

ditches, as authorized by chapter three hundred and 
fifteen of the acts of nineteen hundred and thirty-one, 
a sum not exceeding twenty-four thousand three 
hundred dollars, the same to be assessed upon certain 
towns as required by law ..... 24,300 00 



Total $34,000 00 

Service of the Department of Conservation. 
Administration : 

251 For the salary of the commissioner, a sum not exceeding 

fifty-one hundred dollars ..... $5,100 00 

252 For traveling expenses of the commissioner, a sum not 

exceeding six hundred dollars ..... 600 00 

253 For telephone ser^^ce and certain other office charges of 

the department, a sum not exceeding twenty-eight 

hundred dollars 2,800 00 

254 For personal services of a telephone operator and office 

boy, a sum not exceeding eighteen hundred and fifty 

dollars 1,850 00 



Total $10,350 00 

Division of Forestry: 
255 For personal services of office assistants, a sum not ex- 
ceeding eleven thousand five hundred dollars . . $11,500 00 



Acts, 1934. — Chap. 162. 181 

Item 

256 For services other than personal, including printing the 

annual report, and for traveling expenses, necessary 
office supplies and equipment, and rent, a sum not 
exceeding eighty-five hundred and fifty dollars . . $8,550 00 

257 For the salaries and expenses of foresters and for necessary 

labor, supplies and equipment in maintaining forest 
tree nurseries, a sum not exceeding thirteen thousand 
five hundred dollars 13,500, 0(^ 

258 For aiding towns in the purchase of equipment for ex- 

tinguishing forest fires and for making protective belts 
or zones as a defence against forest fires, for the present 
and previous years, a sum not exceeding one thousand 
dollars 1,000 00 

259 For personal services of the state fire warden and his 

assistants, and for other services, including traveling 
expenses of the state fire warden and his assistants, 
necessary supplies and equipment and materials used 
in new construction in the forest fire prevention service, 
a sum not exceeding fifty thousand dollars, the same to 
be in addition to any funds allotted to Massachusetts 
by the federal authorities 50,000 00 

260 For the suppression of the gypsy and brown tail moths, 

and for expenses incidental thereto, a sum not exceed- 
ing thirty-eight thousand dollars, the same to be in 
addition to any amount heretofore appropriated for the 
purpose, and any unexpended balance remaining at the 
end of the current fiscal year may be used in the 
succeeding year ....... 38,000 00 

261 For the planting and maintenance of state forests, a sum 

not exceeding eighteen thousand dollars . . . 18,000 00 

262 For the development of state forests, including the cost 

of maintenance of such nurseries as may be necessary 
for the growing of seedlings for the planting of state 
forests, as authorized by sections thirty to thirty-six, 
inclusive, of chapter one hundred and thirty-two of the 
General Laws, as appearing in the Tercentenary Edi- 
tion thereof, a sum not exceeding one hundred sixteen 
thousand dollars, the same to be in addition to any 
amount heretofore appropriated for this purpose, and 
any unexpended balance remaining at the end of the 
current fiscal year may be used in the succeeding year 116,000 00 

263 For the maintenance of the Standish monument reserva- 

tion, a sum not exceeding nineteen hundred dollars . 1,900 00 

264 For reimbursement to certain towns, as authorized by 

section twenty-four of chapter forty-eight of the 
General Laws, as appearing in the Tercentenary Edi- 
tion thereof, a sum not exceeding three hundred dollars 300 00 

265 For the expenses of forest fire patrol, as authorized by 

section twenty-eight A of said chapter forty-eight, as 
so appearing, a sum not exceeding twenty-six hundred 
and forty dollars 2,640 00 



Total $261,390 00 

Salisbury Beach Reservation: 
266 For the maintenance of Salisbury beach reservation, a 
sum not exceeding fifty-nine hundred dollars, the same 
to be assessed upon the cities and towns of the common- 
wealth, exclusive of those comprising the metropolitan 
parks district, but including Cohasset, in the manner 
provided in section four of chapter one hundred and 
thirty-two A of the General Laws, as appearing in the 
Tercentenary Edition thereof $5,900 00 



182 Acts, 1934. — Chap. 162. 



Item 

Division of Fisheries and Game: 

267 For the salary of the director, a sum not exceeding four 

thousand and fifty dollars ..... $4,050 00 

268 For personal services of office assistants, a sum not ex- 

ceeding fourteen thousand and sixty dollars . . 14,060 00 

269 For services other than personal, including printing the 

annual report, traveling expenses and necessary office 
supplies and equipment, and rent, a sum not exceeding 
eleven thousand five hundred and twenty-five dollars 11,525 00 

270 For expenses of exhibitions and other measures to in- 

crease the interest of the public in the protection and 
propagation of fish and game, a sum not exceeding 
fifteen hundred dollars 1,500 00 

Enforcement of laws: 

271 For personal services of fish and game wardens, a sum not 

exceeding sixty-seven thousand and twentj^ dollars . 67,020 00 

272 For traveling expenses of fish and game wardens, and for 

other expenses necessary for the enforcement of the 
laws, a sum not exceeding thirty-one thousand six 
hundred dollars 31,600 00 

Biological work: 

273 For personal services to carry on biological work, a sum 

not exceeding eighty-four hundred dollars . . . 8,400 00 

274 For traveling and other expenses of the biologist and his 

assistants, a sum not exceeding twenty-three hundred 

and fifty dollars 2,350 00 

Propagation of game birds, etc. : 

275 For the maintenance of game farms and fish hatcheries, 

and for the propagation of game birds and animals and 
food fish, a sum not exceeding ninety-six thousand 
seven hundred dollars ...... 96,700 00 

Damages by wild deer and wild moose: 

276 For the payment of damages caused by wild deer and 

wild moose, for the present year and previous years, as 
provided by law, a sum not exceeding fifty-fi\-e hundred 
dollars 5,500 00. 

Supervision of public fishing and hunting grounds: 

277 For personal services, a sum not exceeding five thousand 

dollars 5,000 00 

278 For other expenses, a sum not exceeding fifteen hundred 

dollars 1,500 00 

Protection of wild life: 

279 For expenses incurred in the protection of certain wild 

life, a sum not exceeding sixteen hundred dollars . . 1 ,600 00 

State Supervisor of Marine Fisheries: 

280 For personal services of the state supervisor of marine 

fisheries and his assistants, a sum not exceeding ninety- 
nine hundred and thirty dollars .... 9,930 00 

281 For office and other expenses of the state supervisor of 

marine fisheries, a sum not exceeding sixty-five 

hundred dollars 6,500 00 

Enforcement of shellfish and other marine fishery laws: 

282 For personal services for the administration and enforce- 

ment of laws relative to shellfish and other marine 
fisheries, a sum not exceeding twenty-nine thousand 
three hundred and fifty doUars .... 29,350 GO 



Acts, 1934. — Chap. 162. 183 

Item 

283 For other expenses for the administration and enforce- 

ment of laws relative to shellfish and other marine 
fisheries, a sum not exceeding eighteen thousand one 
hundred dollars . $18,100 00 

284 For expenses of purchasing lobsters, sxibject to the con- 

ditions imposed by section twenty-six of chapter one 
hundred and thirty of the General Laws, as appearing 
in section two of chapter three hundred and twenty- 
nine of the acts of nineteen hundred and thirty-three, 
a sum not exceeding sixty-five hundred dollars . . 6,500 00 



Total $321,185 00 

Bounty on seals: 

285 For bounties on seals, a sum not exceeding fifteen hundred 

dollars $1,500 00 

Division of Animal Industry: 

286 For the salary of the director, a sum not exceeding thirty- 

six hundred dollars ...... $3,600 00 

287 For personal services of clerks and stenographers, a sum 

not exceeding twenty-one thousand five hundred 

dollars 21,500 00 

288 For services other than personal, including printing the 

annual report, traveling expenses of the director, office 
supplies and equipment, and rent, a sum not exceeding 
fourteen thousand four hundred dollars . . . 14,400 00 

289 For personal services of veterinarians and agents en- 

gaged in the work of extermination of contagious 
diseases among domestic animals, a sum not exceeding 
eighty-five thousand dollars 85,000 00 

290 For traveling expenses of veterinarians and agents, in- 

cluding the cost of any motor vehicles purchased for 

their use, a sum not exceeding thirty thousand dollars. 30,000 00 

291 For reimbursement of owners of horses killed during the 

present and previous years, travel, when allowed, of 
inspectors of animals, incidental expenses of killing 
and burial, quarantine and emergency services, and for 
laboratory and veterinary supplies and equipment, a 
sum not exceeding sixty-five hundred dollars . . 6,500 00 

292 For reimbursement of owners of tubercular cattle killed, 

as authorized by section twelve A of chapter one 
hundred and twenty-nine of the General Laws, as 
appearing in the Tercentenary Edition thereof, and in 
accordance with certain provisions of law and agree- 
ments made under authority of section thirty-three of 
said chapter one hundred and twenty-nine, as so ap- 
pearing, during the present and previous year, a sum 
not exceeding three hundred fifty thousand dollars, the 
same to be in addition to any amount heretofore ap- 
propriated for the purpose, and any unexpended 
balance remaining at the end of the current fiscal year 
may be used in the succeeding year .... 350,000 00 



Total $511,000 00 

Reimbursement of towns for inspectors of animals: 

293 For the reimbursement of certain towns for compensation 

paid to inspectors of animals, a sum not exceeding fifty- 
five hundred dollars $5,500 00 

Service of the Department of Banking and Insurance. 

Division of Banks: 

294 For the salary of the commissioner, a sum not exceeding 

fifty-one hundred dollars $5,100 00 



184 Acts, 1934. — Chap. 162. 



Item 

295 For services of deputy, directors, examiners and assist- 

ants, clerks, stenographers and experts, a sum not ex- 
ceeding two hundred seventy-eight thousand dollars . $278,000 00 

296 For services other than personal, printing the annual 

report, traveling expenses, office supplies and equip- 
ment, a sum not exceeding seventy thousand dollars . 70,000 00 



Total $353,100 00 

Supervisor of Loan Agencies: 

297 For personal services of supervisor and assistants, a sum 

not exceeding eleven thousand nine hundred and forty 

dollars $11,940 00 

298 For services other than personal, printing the annual re- 

port, office supplies and equipment, a sum not exceed- 
ing fourteen hundred dollars ..... 1,400 00 



Total $13,340 00 

Division of Insurance: 

299 For the salary of the commissioner, a sum not exceeding 

fifty-one hundred dollars $5,100 00 

300 For other personal services of the division, including 

expenses of the board of appeal and certain other costs 
of supervising motor vehicle liability insurance, a sum 
not exceeding one hundred seventy-seven thousand 
five hundred and forty dollars, of which sum not more 
than thirty-five thousand dollars may be charged to 
the Highway Fund 177,540 00 

301 For other services, including printing the annual report, 

traveling expenses, necessary office supplies and equip- 
ment, and rent of offices, a sum not exceeding fifty-two 
thousand three hundred dollars .... 52,300 00 



Total $234,940 00 

Board of Appeal on Fire Insurance Rates: 

302 For expenses of the board, a sum not exceeding three 

hundred dollars $300 GO 

Division of Savings Bank Life Insurance: 

303 For personal services of officers and employees, a sum not 

exceeding twenty-nine thousand seven hundred dollars $29,700 00 

304 For publicity, including traveling expenses of one person, 

a sum not exceeding nineteen hundred dollars . . 1,900 00 

305 For services other than personal, printing the annual 

report, traveling expenses, rent, office supplies and 
equipment, a sum not exceeding ninety-five hundred 
dollars 9,500 00 

306 For encouraging and promoting old age annuities and the 

organization of mutual benefit associations among the 
employees of industrial plants in the commonwealth, 
a sum not exceeding twenty-nine hundred and thirty 
dollars . 2,930 00 



Total $44,030 00 

Service of the Department of Corporations and Taxation. 
Corporations and Tax Divisions: 

307 For the salary of the commissioner, a sum not exceeding 

sixty-three hundred and seventy-five dollars . . $6,375 00 

308 For the salaries of certain positions filled by the commis- 

sioner, with the approval of the governor and council, 
and for additional clerical and other assistance, a sum 
not exceeding two hundred ten thousand five hundred 



Acts, 1934. — Chap. 162. 185 



Item 



dollars, of which sum not more than fifty thousand 
dollars may be charged to the Highway Fund to cover 
the estimated cost of collection of the gasoline tax, so 

called $210,500 00 

309 For other services, necessary office supplies and equip- 
ment, travel, and for printing the annual report, other 
publications and valuation books, a sum not exceeding 
forty-six thousand dollars ..... 46,000 00 



Total $262,875 00 

Income Tax Division (the two following appropriations 
are to be made from the receipts from the income tax) : 

310 For personal services of the director, assistant director, 

assessors, deputy assessors, clerks, stenographers and 
other necessary assistants, a sum not exceeding four 
hundred nine thousand four hundred dollars . . $409,400 00 

311 For services other than personal, and for traveling ex- 

penses, office supplies and equipment, a sum not ex- 
ceeding one hundred eighty-nine thousand dollars . 189,000 00 



Total $598,400 00 

Division of Accounts: 

312 For personal services, a sum not exceeding seventy-eight 

thousand dollars $78,000 00 

313 For other expenses, a sum not exceeding twelve thousand 

dollars 12,000 00 

314 For the administrative expenses required under the pro- 

visions of chapter four hundred of the acts of nineteen 
hundred and thirty, a sum not exceeding seventy-five 
hundred dollars 7,500 00 

315 For services and expenses of auditing and installing sys- 

tems of municipal accounts, the cost of which is to be 
assessed upon the municipalities for which the work is 
done, a sum not exceeding one hundred forty-nine 
thousand three hundred dollars .... 149,300 00 

316 For the expenses of certain books, forms and other 

material, which may be sold to cities and towns re- 
quiring the same for maintaining their system of ac- 
counts, a sum not exceeding eighteen thousand dollars . 18,000 00 



Total $264,800 00 

Reimbursement for loss of taxes: 

317 For reimbursing cities and towns for loss of taxes on land 

used for state institutions and certain other state 
activities, as certified by the commissioner of corpora- 
tions and taxation for the fiscal year ending November 
thirtieth, nineteen hundred and thirty-four, a sum not 
exceeding one hundred thirty-one thousand seven 
hundred and seventy-five dollars .... $131,775 00 

Service of the Department of Edxication. 

318 For the salary of the commissioner, a sum not exceeding 

seventy-six hundred and fifty dollars . . . . $7,650 00 

319 For personal services of officers, agents, clerks, stenog- 

raphers and other assistants, but not including those 
employed in university extension work, a sum not ex- 
ceeding ninety-two thousand dollars . . . 92,000 00 

320 For traveling expenses of members of the advisory board 

and of agents and employees when required to travel 
in discharge of their duties, a sum not exceeding seven 
thousand dollars 7,000 00 



186 Acts, 1934. — Chap. 162. 



Item 

321 For ser\aces other than personal, necessary office supplies, 

and for printing the annual report and bvilletins as 
provided by law, a sum not exceeding ninet5^-five 
hundred dollars $9,500 00 

322 For expenses incidental to furnishing school committees 

with rules for testing the sight and hearing of pupils, a 

sum not exceeding one hundred and fifty dollars . . 150 00 

323 For printing school registers and other school blanks for 

cities and towns, a sum not exceeding fourteen hundred 

doUars 1,400 00 

324 For assisting small towns in providing themselves with 

school superintendents, as provided by law, a sum not 
exceeding one hundred one thousand six hundred 
dollars 101,600 00 

325 For the reimbursement of certain towns for the pay- 

ment of tuition of pupils attending high schools outside 
the towns in which they reside, as pro\'ided by law, a 
sum not exceeding two hundred eight thousand dollars 208,000 00 

326 For the reimbursement of certain towns for the trans- 

portation of pupils attending high schools outside the 
towns in which they reside, as provided by law, a sum 
not exceeding two hundred ten thousand dollars . . 210,000 00 

327 For the reimbursement of certain cities and towns for a 

part of the expense of maintaining agricultural and in- 
dustrial vocational schools, as provided by law, a sum 
not exceeding one million two hundred ninety-eight 
thousand six hundred thirty-six dollars and twenty- 
two cents 1,298,636 22 

328 For the expense of promotion of vocational rehabilitation 

in co-operation with the federal government, including 
rent, with the approval of the department of educa- 
tion, a sum not exceeding fourteen thousand one 
hundred and eighty-five dollars .... 14,185 00 

329 For aid to certain persons receiving instruction in the 

courses for vocational rehabilitation, as authorized by 
section twenty-two B of chapter seventy-four of the 
General Laws, as appearing in the Tercentenary Edi- 
tion thereof, a sum not exceeding twenty-five hundred 
dollars 2,500 00 

330 For the training of teachers for vocational schools, to 

comply with the requirements of federal authorities 
under the provisions of the Smith-Hughes act, so 
called, a sum not exceeding twenty-seven thousand 
five hundred dollars 27,500 00 

331 For the education of deaf and blind pupils of the com- 

monwealth, as provided by section twenty-six of 
chapter sixty-nine of the General Laws, as appearing 
in the Tercentenary Edition thereof, a sum not exceed- 
ing four hundred thirty-five thousand dollars . . 435,000 00 

332 For expenses of holding teachers' institutes, a sum not 

exceeding two thousand dollars .... 2,000 00 

333 For aid to certain pupils in state teachers' colleges, under 

the direction of the department of education, a sum not 

exceeding four thousand dollars .... 4,000 00 

334 For assistance to the children of certain soldiers, for the 

present and previous years, as authorized by chapter 
two hundred and sixty-three of the acts of nineteen 
hundred and thirty, a sum not exceeding sixty-seven 
hundred dollars 6,700 00 



Total $2,427,821 22 

English-speaking Classes for Adults: 
335 For personal services of administration, a sum not ex- 
ceeding ten thousand three hundred and eighty dollars . $10,380 00 



Acts, 1934. — Chap. 162. 187 

Item 

336 For other expenses of administration, a sum not exceed- 

ing twenty-five hundred dollars .... $2,500 00 

337 For reimbursement of certain cities and towns, a sum not 

exceeding sixty-five thousand dollars . . . . 65,000 00 



Total $77,880 00 

University Extension Courses: 

338 For personal services, a sum not exceeding one hundred 

twenty-two thousand dollars ..... $122,000 00 

339 For other expenses, a sum not exceeding thirty thousand 

three hundred and twenty dollars .... 30,320 00 



Total $152,320 00 

Division of Immigration and Americanization: 

340 For personal services, a sum not exceeding thirty-four 

thousand and twenty-five dollars .... $34,025 00 

341 For other expenses, a sura not exceeding fifty-two hun- 

dred dollars 5,200 00 



Total $39,225 00 

Division of Public Libraries: 

342 For personal services of regular agents and office assist- 

ants, a sum not exceeding ten thousand one hundred 

and fifty dollars $10,150 00 

343 For other services, including printing the annual report, 

traveling expenses, necessary office supplies and ex- 
penses incidental to the aiding of public libraries, a 
sum not exceeding ten thousand dollars . . . 10,000 00 



Total . $20,150 00 

Division of the Blind : 

344 For general administration, furnishing information, 

industrial and educational aid, and for carrying out 
certain provisions of the laws establishing said division, 
a sum not exceeding forty thousand seven hundred 
dollars $40,700 00 

345 For the maintenance of local shops, a sum not exceeding 

sixty-one thousand dollars ..... 61,000 00 

346 For maintenance of Woolson House industries, so called, 

to be expended under the authority of said division, a 
sum not exceeding twenty-six thousand five hundred 
dollars 26,500 00 

347 For the maintenance of certain industries for men, to be 

expended under the authority of said division, a sum 
not exceeding one hundred thirty-eight thousand 
dollars 138,000 00 

348 For instruction of the adult blind in their homes, a sum 

not exceeding fifteen thousand seven hundred and 

seventy dollars ....... 15,770 00 

349 For expenses of providing sight-saving classes, with the 

approval of the division of the blind, a sum not exceed- 
ing twenty thousand dollars ..... 20,000 00 

350 For aiding the adult blind, subject to the conditions pro- 

vided by law, a sum not exceeding one hundred 
seventy-two thousand dollars ..... 172,000 00 



Total $473,970 00 

Teachers' Retirement Board: 
351 For personal services of employees, a sum not exceeding 

eleven thousand one hundred and fifty dollars . . $11,150 00 



188 Acts, 1934. — Chap. 162. 



Item 

352 For services other than personal, including printing the 

annual report, traveling expenses, office supplies and 
equipment, and rent, a sum not exceeding fifty-five 
hundred and fifty dollars $5,550 00 

353 For payment of pensions to retired teachers, a sum not 

exceeding nine hundred eighty-five thousand dollars . 985,000 00 

354 For reimbursement of certain cities and towns for pen- 

sions to retired teachers, a sum not exceeding two 
hundred forty-six thousand nine hundred sixty-two 
dollars and seventy-two cents ..... 246,962 72 

355 For payment into the annuity fund for the period of the 

year nineteen hundred and tliirty-three, in accordance 
with certain actuarial figures, a sum not exceeding 
twenty-five hundred twelve dollars and eight cents . 2,512 08 



Total $1,251,174 80 

Massachusetts Nautical School: 

356 For personal services of the secretary and office assistants, 

a sum not exceeding forty-three hundred and fifty 

dollars $4,350 00 

357 For services other than regular clerical services, including 

printing the annual report, rent, office supplies and 
equipment, a sum not exceeding twenty-two hundred 
and seventy-five dollars ...... 2,275 00 

358 For the maintenance of the school and ship, a sum not 

exceeding eighty-two thousand three hundred dollars. 82,300 00 



Total $88,925 00 

For the maintenance of and for certain improvements 
at the state teachers' colleges, and the boarding halls 
attached thereto, with the approval of the commis- 
sioner of education, as follows: 

359 State teachers' college at Bridgewater, a sum not exceed- 

ing one hundred thirty-two thousand nine hundred 

and seventy-five dollars $132,975 00 

360 State teachers' college at Bridgewater, boarding hall, a 

sum not exceeding forty-eight thousand seven hundred 

dollars 48,700 00 

361 State teachers' college at Fitchburg, a sum not exceeding 

one hundred thirty-nine thousand dollars . . . 139,000 00 
3G2 State teachers' college at Fitchburg, boarding hall, a sum 
not exceeding twenty-seven thousand six hundred 
dollars 27,600 00 

363 State teachers' college at Framingham, a sum not exceed- 

ing one hundred forty-two thousand five hundred and 

ninety dollars 142,590 00 

364 State teachers' college at Framingham, boarding hall, a 

sum not exceeding fifty-five thousand dollars . . 55,000 00 

365 For certain repairs on the building known as Crocker 

Hall at the state teachers' college at Framingham, a 

sum not exceeding twenty-five hundred dollars . . 2,500 00 

366 State teachers' college at Hyannis, a sum not exceeding 

fifty thousand five hundred dollars .... 50,500 00 

367 State teachers' college at Hyannis, boarding hall, a sum 

not exceeding fourteen thousand eight hundred and 

fifty dollars 14,850 00 

368 State teachers' college at Lowell, a sum not exceeding 

sixty-nine thousand one hundred and sixty dollars . 69,160 00 

369 State teachers' college at North Adams, a sum not ex- 

ceeding fifty-seven thousand four hundred dollars . 57,400 00 

370 State teachers' college at North Adams, boarding hall, a 

sum not exceeding ten thousand six hundred and fifty 

dollars 10,650 00 



Acts, 1934. — Chap. 162. 189 

Item 

371 State teachers' college at Salem, a sum not exceeding one 

hundred one thousand one hundred and fifty-five 

dollars $101,155 00 

372 State teachers' college at Westfield, a sum not exceeding 

sixty-one thousand and fifty dollars .... 61,050 00 

373 State teachers' college at Westfield, boarding hall, a sum 

not exceeding eightj^-five hundred dollars . . . 8,500 00 

374 State teachers' college at Worcester, a sum not exceeding 

eighty-four thousand and sixty-two dollars . . 84,062 00 

375 Massachusetts School of Art, a sum not exceeding one 

hundred four thousand and fifty dollars . . . 104,050 00 



Total $1,109,742 00 

Textile Schools: 

376 For the maintenance of the Bradford Durfee textile 

school of Fall River, with the approval of the com- 
missioner of education and the trustees, a sum not 
exceeding fifty-six thousand nine hundred and thirty- 
five dollars, of which sum ten thousand dollars is to be 
contributed by the city of Fall River, and the city of 
Fall River is hereby authorized to raise by taxation 
the said sum of ten thousand dollars .... $56,935 00 

377 For the maintenance of the Lowell textile institute, with 

the approval of the commissioner of education and 
the trustees, a sum not exceeding one hundred fifty- 
three thousand eight hundred and twenty-five dollars, 
of which sum ten thousand dollars is to be contributed 
by the city of Lowell, and the city of Lowell is hereby 
authorized to raise by taxation the said sum of ten 
thousand dollars 153,825 00 

378 For the maintenance of the New Bedford textile school, 

with the approval of the commissioner of education 
and the trustees, a sum not exceeding fifty-nine thou- 
sand two hundred dollars, of which sum ten thousand 
dollars is to be contributed by the city of New Bedford, 
and the city of New Bedford is hereby authorized to 
raise by taxation the said sum of ten thousand dollars . 59,200 00 



Total $269,960 00 

Massachusetts State College: 

379 For maintenance and current expenses of the Massa- 

chusetts state college, with the approval of the trustees, 
a sum not exceeding nine hundred three thousand six 
hundred and fifty dollars $903,650 00 

380 For an emergency fund to meet the needs of harvesting 

big crops or other unforeseen conditions, which clearly 
indicate that additional revenue will be produced to 
equal the expenditure, a sum not exceeding twenty- 
five hundred dollars; provided, however, that this 
appropriation be available only after approval of 
particular projects covered by it has been obtained 
from the governor and council .... 2,500 00 

381 For aid to certain students, with the approval of the 

trustees, a sum not exceeding five thousand dollars . 5,000 00 

382 For expense of moving and reconstructing a certain barn 

for use as a hospital ward, a sum not exceeding fifteen 

thousand dollars 15,000 00 



Total $926,150 00 



190 Acts, 1934. — Chap. 162. 

Service of the Department of Civil Service and Registration. 
Item 

Administration : 

383 For personal services of telephone operator for the de- 

partment, a sum not exceeding eleven hundred and 

seventy dollars $1,170 00 

Division of Civil Sendee: 

384 For the salaries of the commissioner and associate com- 

missioners, a sum not exceeding eighty-one hundred 

dollars 8,100 00 

385 For other personal services of the division, a sum not 

exceeding one hundred seventeen thousand three 

hundred dollars 117,300 00 

386 For other services and for printing the annual report, 

and for office supplies and equipment necessary for 
the administration of the civil service law, a sum not 
exceeding thirty thousand dollars .... 30,000 00 



Total $155,400 00 

Division of Registration: 

387 For the salary of the director, a sum not exceeding sixteen 

hundred and twenty dollars ..... $1,620 00 

388 For clerical and certain other personal services of the 

division, a sum not exceeding thirty-seven thousand 

six hundred dollars 37,600 00 

389 For services of the division other than personal, printing 

the annual reports, office supplies and equipment, 
except as otherwise provided, a sum not exceeding 
twelve thousand dollars 12,000 00 



Total $51,220 00 

Board of Registration in Medicine: 

390 For personal services of the members of the board, a sum 

not exceeding thirty-eight hundred and seventy dollars $3,870 00 

391 For personal services of members of the board and 

examiners for the registration of chiropodists, a sum not 

exceeding five hundred and forty dollars . . . 540 00 

392 For traveling expenses, a sum not exceeding four hundred 

dollars 400 GO 



Total $4,810 00 

Board of Dental Examiners: 

393 For personal services of the members of the board, a sum 

not exceeding thirty-four hundred and twenty dollars. $3,420 00 

394 For traveling expenses, a sum not exceeding five hundred 

dollars 500 00 

395 For travel and other expenses necessary in providing for 

the enforcement of law relative to the registration of 

dentists, a sum not exceeding eighteen hundred dollars . 1,800 00 



Total $5,720 00 

Board of Registration in Pharmacy: 

396 For personal services of members of the board, a sum not 

exceeding thirty-eight hundred and seventy dollars . $3,870 00 

397 For personal services of agent, a sum not exceeding 

twenty-two hundred and eighty dollars . . . 2,280 00 

398 For traveling expenses, a sum not exceeding thirty-one 

hundred dollars 3.100 00 

Total $9,250 00 



Acts, 1934. — Chap. 162. 191 

Item 

Board of Registration of Nurses: 

399 For personal services of members of the board, a sum not 

exceeding eighteen hundred and ninety dollars . . $1,890 00 

400 For traveling expenses, a sum not exceeding twelve hun- 

dred dollars 1,200 00 



Total $3,090 00 

Board of Registration in Embalming: 

401 For personal services of members of the board, a sum not 

exceeding two hundred and seventy dollars . . $270 00 

402 For traveling expenses, a sum not exceeding three hun- 

dred dollars 300 00 

403 For the dissemination of useful knowledge among and 

for the benefit of licensed embalmers, a sum not ex- 
ceeding five hundred dollars ..... 500 00 



Total . . . $1,070 00 

Board of Registration in Optometry: 

404 For personal services of members of the board, a sum not 

exceeding seventeen hundred and ten dollars . $1,710 00 

405 For traveling expenses, a sum not exceeding five hundred 

and fifty dollars 550 00 



Total $2,260 00 

Board of Registration in Veterinary Medicine: 

406 For personal services of the members of the board, a sum 

not exceeding five hundred and forty dollars . . $5 10 00 

407 For other services, printing the annual report, traveling 

expenses, office supplies and equipment, a sum not ex- 
ceeding three hundred dollars ..... 300 00 



Total $840 00 

State Examiners of Electricians: 

408 For traveling expenses, a sum not exceeding thirty-four 

hundred and fifty dollars $3,450 00 

Board of Registration of Public Accountants: 

409 For personal services of members of the board, a sum not 

exceeding six hundred seven dollars and fifty cents . $607 50 

410 For expenses of examinations, including the preparation 

and marking of papers, and for other expenses, a sum 

not exceeding eighteen hundred dollars . . . 1,800 00 



Total $2,407 50 

State Examiners of Plumbers: 

411 For personal services of the members of the board, a sum 

not exceeding nine hundred and ninety dollars . . $990 00 

412 For traveling expenses, a sum not exceeding eleven 

hundred dollars 1,100 00 



Total $2,090 00 

Board of Registration of Barbers: 

413 For personal services of the members of the board and 

assistants, a sum not exceeding fifteen thousand three 

hundred and sixty dollars ..... $15,360 00 

414 For travel and other necessary expenses, a sum not 

exceeding nine thousand dollars .... 9,000 00 



Total $24,360 00 



192 Acts, 1934. — Chap. 162. 

Service of the Department of Industrial Accidents. 
Item 

4 15 For personal services of members of the board, a sum not 

exceeding thirty-six thousand one hundred and twenty- 
five dollars $36,125 00 

416 For personal services of secretaries, medical adviser, in- 

spectors, clerks and office assistants, a sum not exceed- 
ing one hundred twenty thousand three hundred 
dollars ,. 120,300 00 

4 17 For expenses of impartial examinations, a sum not exceed- 

ing twenty-eight thousand five hundred dollars . 28,500 00 

418 For traveling expenses, a sum not exceeding eighty-two 

hundred and fifty dollars 8,250 00 

419 For other services, printing the annual report, necessary 

office supplies and equipment, a sum not exceeding 

eleven thousand two hundred dollars . . . . 11,200 00 



Total $204,375 00 

Service of the Department of Labor and Industries. 

420 For the salaries of the commissioner, assistant and associ- 

ate commissioners, a sum not exceeding eighteen 

thousand and seventy-five dollars .... $18,075 00 

421 For clerical and other assistance to the commissioner, a 

sum not exceeding sixty-six hundred and forty dollars . 6,640 00 

422 For personal services for the inspectional service and for 

traveling expenses of the commissioner, assistant com- 
missioner, associate commissioners and inspectors of 
labor, and for services other than personal, printing 
the annual report, rent of district offices, and office 
supplies and equipment for the inspectional service, 
a sum not exceeding one hundred sixty thousand dol- 
lars, which sum includes the services of an expert in 
the reduction of occupational diseases; provided, that 
said expert shall not be subject to civil service laws or 
the rules and regulations made thereunder. . . 160,000 00 

423 For personal services for the statistical service and for 

services other than personal, printing report and pub- 
lications, traveling expenses and office supplies and 
equipment for the statistical service, a sum not exceed- 
ing fifty-nine thousand dollars ..... 59,000 00 

424 For clerical and other personal services for the operation 

of free employment offices, a sum not exceeding fifty- 
four thousand seven hundred dollars . . . . 54,700 00 

425 For personal services for the division on necessaries of 

life, a sum not exceeding eleven thousand nine hundred 

dollars 11.900 00 

426 For clerical and other assistance for the board of con- 

ciliation and arbitration, a sum not exceeding fifteen 

thousand six hundred dollars ..... 15,600 00 

427 For personal services of investigators, clerks and stenog- 

raphers for the minimum wage service, a sum not ex- 
ceeding thirteen thousand one hundred and ten dollars . 13, 110 00 

428 For compensation and expenses of wage boards, a sum not 

exceeding fifteen hundred dollars .... 1,500 00 

429 For personal services for the division of standards, a sum 

not exceeding twenty-eight thousand eight hundred 

and thirty dollars 28,830 00 

430 For rent, necessary office supplies and equipment for the 

free employment offices, a sum not exceeding twelve 

thousand six hundred and twenty-five dollars . . 12,625 00 

431 For services other than personal, traveHng expenses, 

office supplies and equipment for the division on 
necessaries of life, a sum not exceeding nineteen 
hundred and fifty dollars 1,950 00 



Acts, 1934. — Chap. 162. 193 

Item 

432 For other services, ijrinting, traveling expenses and office 

supplies and equipment for the board of conciliation 
and arbitration, a sum not exceeding twenty-one 
hundred dollars $2,100 00 

433 For services other than personal, printing, traveling ex- 

penses and office supplies and equipment for minimum 
wage service, a sum not exceeding thirty-two hundred 
dollars 3,200 00 

434 For other services, printing, traveling expenses and office 

supplies and equipment for the division of standards, 
a sum not exceeding thirteen thousand eight hundred 
dollars 13,800 00 



Total $403,030 00 

Service of the Department of Mental Diseases. 

435 For the salary of the commissioner, a sum not exceeding 

eighty-five hundred dollars $8,500 00 

436 For personal services of officers and employees, a sum not 

exceeding one hundred twenty thousand dollars . . 120,000 00 

437 For transportation and medical examination of state 

charges under its charge for the present year and pre- 
vious years, a sura not exceeding thirteen thousand 
dollars 13,000 00 

438 For the support of state charges in the Hospital Cottages 

for Children, a sum not exceeding fifteen thousand six 

hundred dollars 15,600 00 

439 For other services, including printing the annual report, 

traveling expenses and office supplies and equipment, a 
sum not exceeding nineteen thousand five hundred 
dollars 19,500 00 



Total $176,600 00 

Division of Mental Hygiene: 

440 For the expenses of investigating the nature, causes and 

results of mental diseases and defects and the publica- 
tion of the results thereof; and of what further preven- 
tive or other measures might be taken and what further 
expenditures for investigation might be made which 
would give promise of decreasing the number of persons 
afflicted with mental diseases or defects, a sum not ex- 
ceeding eighty thousand four hundred dollars, the 
same to be in addition to any amount heretofore ap- 
propriated for the purpose ..... $80,400 00 

For the maintenance of and for certain improvements 
at the following institutions under the control of 
the Department of Mental Diseases: 

441 Boston psychopathic hospital, a sum not exceeding two 

hundred eight thousand six hundred and eighty dollars $208,680 00 

442 Boston state hospital, a sum not exceeding seven hun- 

dred ninety-two thousand nine hundred and thirty-five 

dollars 792,935 00 

443 Danvers state hospital, a sum not exceeding six hundred 

forty thousand one hundred and twenty-five dollars . 640,125 00 

444 Foxborough state hospital, a sum not exceeding three 

hundred sixty-five thousand seven hundred and forty 

dollars 365,740 00 

445 Gardner state colony, a sum not exceeding four hundred 

nine thousand three hundred and ten dollars . . 409,310 00 

446 Grafton state hospital, a sum not exceeding four hundred 

sixty-nine thousand seven hundred dollars . . . 469,700 00 



194 Acts, 1934. — Chap. 162. 



Item 

447 Medfield state hospital, a sum not exceeding five hun- 

dred thirty-seven thousand four hundred and twenty 

dollars $537,420 00 

448 Metropolitan state hospital, a sum not exceeding three 

hundred fifty-five thousand one hundred and eighty 

dollars 355,180 00 

449 Northampton state hospital, a sum not exceeding four 

hundred seventy-six thousand seven hundred and 
seventy-five dollars ...... 476,775 00 

450 Taunton state hospital, a sum not exceeding four hundred 

seventy thousand nine hundred and sixty-five dollars . 470,965 00 

451 Westborough state hospital, a sum not exceeding four 

hundred eighty-one thousand two hundred and thirty 

dollars 481,230 00 

452 Worcester state hospital, a sum not exceeding seven 

hundred twenty-three thousand seven hundred and 

fifty-five dollars 723,755 00 

453 Monson state hospital, a sum not exceeding four hundred 

fifty-five thousand two hundred and fifty dollars . . 455,250 00 
453a For the purchase of equipment for the laundry at the 
Monson state hospital, a sum not exceeding fifteen 
thousand dollars 15,000 00 

454 Belchertown state school, a sum not exceeding three 

hundred eighty-seven thousand three hundred and 

eighty dollars 387,380 00 

455 Walter E. Fernald state school, a sum not exceeding five 

hundred forty-nine thousand seven hundred and 

seventy dollars 549,770 00 

456 Wrentham state school, a sum not exceeding four hundred 

seventy-four thousand three hundred and twenty 

dollars 474,320 00 



Total $7,813,535 00 

Service of the Department of Correction. 

457 For the salary of the commissioner, a sum not exceeding 

fifty-one hundred dollars $5,100 00 

458 For personal services of deputies, members of the board of 

parole and advisory board of pardons, agents, clerks 
and stenographers, a sum not exceeding seventy-eight 
thousand four hundred dollars ..... 78,400 00 

459 For services other than personal, including printing the 

annual report, necessary office supplies and equipment, 

a sum not exceeding seventy-five hundred dollars . 7,500 00 

460 For traveling expenses of officers and employees of the 

department when required to travel in the discharge 
of their duties, a sum not exceeding eleven thousand 
five hundred and fifty dollars . . ... 11,55000 

461 For the removal of prisoners, to and from state institu- 

tions, a sum not exceeding sixty-one hundred dollars . 6,100 00 

462 For assistance to discharged prisoners, a sum not exceed- 

ing seven hundred dollars ..... 700 00 

463 For the expense of the service of what is known as the 

central index, a sum not exceeding one thousand 

dollars 1.000 00 



Total $110,350 00 

Division of Research for the Prevention of Crime : 
464 For expenses of the division hereby authorized, a sum not 
exceeding seventeen thousand two hundred and fifty 
dollars; provided, that the persons employed hereunder 
shall not be subject to civil service laws or the rules and 
regulations made thereunder ..... $17,250 00 



Acts, 1934. — Chap. 162. 195 

Item 

For the maintenance of and for certain improvements 
at the following institutions under the control of 
the Department of Correction: 

465 State farm, a sum not exceeding six hundred eight 

thousand seven hundred and fifty dollars . . . $608,750 00 

466 State prison, a sum not exceeding three hundred seventy- 

three thousand eight hundred and thirty-five dollars . 373,835 00 

467 Massachusetts reformatory, a sum not exceeding three 

hundred ninety-seven thousand six hundred and 

seventy dollars 397,670 00 

468 Prison camp and hospital, a sum not exceeding twenty- 

one thousand two hundred dollars. Any unexpended 
balance remaining at the time of removal of all 
prisoners to the state prison colony at Norfolk may 
be transferred to the appropriation for maintenance 
of said colony, and the supplies and equipment then re- 
maining at the prison camp and hospital may be 
transferred to said prison colony, or otherwise dis- 
posed of, with the approval of the commissioner of 
correction 21,200 00 

469 Reformatory for women, a sum not exceeding one hun- 

dred seventy-two thousand three hundred and eighty- 
eight dollars 172,388 00 

469a For miscellaneous improvements at the reformatory for 

women, a sum not exceeding ten thousand dollars . 10,000 00 

470 State prison colony, a sum not exceeding three hundred 

fourteen thousand seven hundred dollars . . . 314,700 00 

470a For expenditures to provide additional protection and 
security in the custody of prisoners at the state prison 
colony, a sum not exceeding five thousand dollars . 5,000 00 



Total $1,903,543 00 

Service of the Department of Public Welfare. 
Administration : 

471 For the salary of the commissioner, a sum not exceeding 

fifty-nine hundred and fifty dollars .... $5,950 00 

472 For personal services of officers and employees and super- 

vision of homesteads and planning boards, a sum not 

exceeding forty-one thousand dollars . . . . 41,000 00 

473 For services other than personal, printing the annual 

report, traveling expenses, including expenses of 
auxiliary visitors, office supplies and expenses, and con- 
tingent expenses for the supervision of homesteads 
and planning boards, a sum not exceeding six thousand 
dollars 6,000 00 



Total $52,950 00 

State Board of Housing: 

474 For personal services, a sum not exceeding fifty-one 

hundred dollars $5,100 00 

475 For expenses, as authorized by section eighteen of chapter 

eighteen of the General Laws, inserted by section one 
of chapter three hundred and sixty-four of the acts of 
nineteen hundred and thirty-three, a sum not exceed- 
ing six thousand dollars ...... 6,000 00 



Total $11,100 00 

Division of Aid and Relief: 
476 For personal services of officers and employees, a sum not 
exceeding one hundred seventy thousand dollars; 
provided, that the employment of persons authorized 



196 Acts, 1934. — Chap. 162. 

Item 

under Item I of chapter sixty-nine of the acts of 
nineteen hundred and thirty-two may be continued, 
and shall not be subject to civil service laws or the rules 
and regulations made thereunder .... $170,000 00 

477 For services other than personal, including traveling 

expenses and office supplies and equipment, a sum not 

exceeding thirty-one thousand dollars . . . 31,000 00 

The following items are for reimbursement of cities and 
towns for expenses of the present year and previous 
years, and are to be in addition to any unexpended 
balances of appropriations made for the purpose in 
the previous year: 

478 For the payment of suitable aid to mothers with de- 

pendent children, a sum not exceeding one million 

fifty thousand dollars 1,050,000 00 

479 For the burial by cities and towns of indigent persons 

who have no legal settlement, a sum not exceeding 

nine thousand dollars ...... 9,000 00 

480 For expenses in connection with smallpox and other 

diseases dangerous to the public health, a sum not 

exceeding one hundred thousand dollars . . . 100,000 00 

481 For the support of sick indigent persons who have no legal 

settlement, a sum not exceeding one hundred nineteen 

thousand dollars 119,000 00 

482 For temporary aid given to indigent persons with no legal 

settlement, and to shipwrecked seamen by cities and 
towns, and for the transportation of indigent persons 
under the charge of the department, a sum not ex- 
ceeding three million eight hundred and sixty thousand 
dollars 3,860,000 00 

Old Age Assistance: 

483 For personal services required for the administration of 

old age assistance provided by chapter one hundred 
and eighteen A of the General Laws, as amended, a sum 
not exceeding eighty-one thousand dollars . . . 81,000 00 

484 For other expenses, including rent, travel, office supplies 

and other necessary expenses, required for the admin- 
istration of old age assistance provided by said chapter 
one hundred and eighteen A, a sum not exceeding 
nineteen thousand dollars ..... 19,000 00 



Total $5,439,000 00 

Division of Child Guardianship: 

485 For personal ser^^ces of officers and employees, a sum 

not exceeding one hundred ninety-one thousand 

dollars $191,000 00 

486 For services other than personal, office supplies and 

equipment, a sum not exceeding forty-five hundred 

dollars 4,500 00 

487 For tuition in the public schools, including transportation 

to and from school, of children boarded by the depart- 
ment, for the present and previous years, a sum not 
exceeding three hundred thousand dollars . . . 300,000 00 

488 For the care and maintenance of children, for the present 

and previous years, a sum not exceeding one million 

four hundred thousand dollars . .... 1,400,00000 



Total $1,895,500 00 



Acts, 1934. — Chap. 162. 197 

Item 

Division of Juvenile Training, Trustees of Massa- 
chusetts Training Schools: 

489 For services of the secretary and certain other persons 

employed in the executive office, a sum not exceeding 

twelve thousand five hundred dollars . . . $12,500 00 

490 For services other than personal, including printing the 

annual report, traveling and other expenses of the 
members of the board and employees, office supplies 
and equipment, a sum not exceeding twenty-eight 
hundred dollars 2,800 00 

Boys' Parole: 

491 For personal services of agents in the division for boys 

paroled and boarded in families, a sum not exceeding 

forty thousand four hundred dollars .... 40,400 00 

492 For services other than personal, including traveling 

expenses of the agents and boys, and necessary office 
supplies and equipment, a sum not exceeding twenty- 
one thousand nine hundred dollars .... 21,900 00 

493 For board, clothing, medical and other expenses inciden- 

tal to the care of boys, a sum not exceeding twenty- 
seven thousand five hundred dollars .... 27,500 00 

Girls' Parole: 

494 For personal services of agents in the division for girls 

paroled from the industrial school for girls, a sum not 

exceeding thirty thousand five hundred dollars . . 30,500 00 

495 For traveling expenses of said agents for girls paroled, for 

board, medical and other care of girls, and for services 
other than personal, office supplies and equipment, 
a sum not exceeding nineteen thousand five hundred 
dollars 19,500 00 

Tuition of children: 

496 For reimbursement of cities and towns for tuition of 

children attending the public schools, a sum not 

exceeding eighty-eight hundred dollars . . . 8,800 00 



Total . . $163,900 00 

For the maintenance of and for certain improvements 
at the institutions under the control of the trustees 
of the Massachusetts training schools, with the ap- 
proval of said trustees, as follows: 

497 Industrial school for boys, a sum not exceeding one 

hundred forty-two thousand one hundred dollars . $142,100 00 

498 Industrial school for girls, a sum not exceeding one 

hundred twenty-five thousand six hundred and ten 

dollars 125,610 00 

499 Lyman school for boys, a sum not exceeding two hundred 

nine thousand nine hundred dollars .... 209,900 00 



Total . . $477,610 00 

Massachusetts Hospital School: 

500 For the maintenance of the Massachusetts hospital 

school, to be expended with the approval of the trustees 
thereof, a sum not exceeding one hundred seventy 
thousand one hundred and fifteen dollars . . . $170,115 00 

State Infirmary: 

501 For the maintenance of the state infirmary, to be 

expended with the approval of the trustees thereof, a 
sum not exceeding nine hundred fifty-seven thousand 
dollars $957,000 00 



198 Acts, 1934. — Chap. 162. 



Service of the Department of Public Health. 
Item 

Administration: 

502 For the salary of the commissioner, a sum not exceeding 

sixty-three hundred and seventy-five dollars . . $6,375 00 

503 For personal services of the health council and office 

assistants, a sum not exceeding seventeen thousand 

six hundred and seventy dollars .... 17,670 00 

504 For services other than personal, including printing the 

annual report, traveling expenses, office supplies and 

equipment, a sum not exceeding nine thousand dollars. 9,000 00 

Service of Adult Hygiene (cancer) : 

505 For personal services of the division, including cancer 

clinics, a sum not exceeding thirty-nine thousand nine 

hundred dollars 39,900 00 

506 For other expenses of the division, including cancer 

clinics, a sum not exceeding thirty-two thousand 

dollars 32,000 00 

Service of Child Hygiene: 

507 For personal services of the director and assistants, a sum 

not exceeding thirty-three thousand five hundred 

and fifty dollars 33,550 00 

508 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 

sixteen thousand dollars ...... 16,000 00 

Service of Maternal and Child Hygiene: 

509 For personal services for extending the activities of the 

division in the protection of mothers and conservation 
of the welfare of children, a sum not exceeding twenty 
thousand nine hundred dollars .... 20,900 00 

510 For other expenses for extending the activities of the 

division in the protection of mothers and conservation 
of the welfare of children, a sum not exceeding ten 
thousand four hundred dollars .... 10,400 00 

Division of Communicable Diseases: 

511 For personal services of the director, district health 

officers and their assistants, epidemiologists, bac- 
teriologist and assistants in the diagnostic laboratory, 
a sum not exceeding sixty-seven thousand one hundred 
dollars 67,100 00 

512 For services other than personal, traveling expenses, 

laboratory, office and other necessary supplies, in- 
cluding the purchase of animals and equipment, 
and rent of certain offices, a sum not exceeding fourteen 
thousand two hundred and fifty dollars . . . 14,250 00 

Venereal Diseases: 

513 For personal services for the control of venereal diseases, 

a sum not exceeding twelve thousand five hundred 

dollars 12,500 00 

514 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 
twenty-eight thousand dollars ..... 28,000 00 

Wassermann Laboratory : 

515 For personal services of the Wassermann laboratory, a 

sum not exceeding fifteen thousand seven hundred 

dollars 15,700 00 

516 For expenses of the Wassermann laboratory, a sum not 

exceeding fifty-two hundred dollars .... 5,200 00 



Acts, 1934. — Chap. 162. 199 

Item 

Antitoxin and Vaccine Laboratories: 

517 For personal services in the investigation and production 

of antitoxin and vaccine lymph and other specific 
material for protective inoculation and diagnosis of 
treatment, a sum not exceeding sixty-three thousand 
five hundred and thirty dollars $63,530 00 

518 For other services, supplies, materials and equipment 

necessary for the production of antitoxin and other 
materials as enumerated above, a sum not exceeding 
thirty-seven thousand dollars ..... 37,000 00 

Inspection of Food and Drugs: 

519 For personal services of the director, analysts, inspectors 

and other assistants, a sum not exceeding forty-seven 

thousand nine hundred dollars. .... 47,900 00 

520 For other services, including traveling expenses, supplies, 

materials and equipment, a sum not exceeding eleven 

thousand dollars 11,000 00 

Shellfish Enforcement Law: 

521 For personal services for administering the law relative 

to shellfish, a sum not exceeding eighteen hundred 

and sixty dollars 1,860 00 

522 For other expenses for administering the law relative to 

shellfish, a sum not exceeding eight hundred and 

seventy dollars ....... 870 00 

Water Supply and Disposal of Sewage, Engineering 
Division : 

523 For personal services of the director, engineers, clerks 

and other assistants, a sum not exceeding sixty-five 

thousand dollars 65,000 00 

524 For other services, including traveling expenses, supplies, 

materials and equipment, a sum not exceeding seven- 
teen thousand nine hundred dollars .... 17,900 00 

Water Supply and Disposal of Sewage, Division of 
Laboratories : 

525 For personal services of laboratory director, chemists, 

clerks and other assistants, a sum not exceeding 

thirty-six thousand dollars ..... 36,000 00 

526 For other services, including traveling expenses, supplies, 

materials and equipment, a sum not exceeding ninety- 
two hundred dollars 9,200 00 



Total $618,805 00 

Division of Tuberculosis: 

527 For personal services of the director, stenographers, clerks 

and other assistants, a sum not exceeding thirty-two 

thousand seven hundred dollars .... $32,700 00 

528 For services other than personal, including printing the 

annual report, traveling expenses and office supplies 
and equipment, a sum not exceeding sixty-one hundred 
and fifty dollars 6,150 00 

529 To cover the payment of certain subsidies for the main- 

tenance of hospitals for tubercular patients, a sum not 

exceeding four hundred fifty-one thousand dollars . 451,000 00 

530 For personal services for certain children's clinics for 

tuberculosis, a sum not exceeding forty-four thousand 

one hundred and ninety dollars .... 44,190 00 



200 Acts, 1934. — Chap. 162. 

Item 

531 For other services for certain children's clinics for tuber- 
culosis, a sum not exceeding twenty-six thousand 
dollars $26,000 00 



Total $560,040 00 

For the maintenance of and for certain improvements 
at the sanatoria, as follows: 

532 Lakeville state sanatorium, a sum not exceeding two 

hundred fifty-three thousand and ninety-five dollars . $253,095 00 

533 For constructing and equipping a treatment room for the 

men's ward at the Lakeville state sanatorium, a sum 

not exceeding sixty-seven hundred dollars . . . 6,700 00 

534 For constructing and equipping a treatment room for the 

women's ward at the Lakeville state sanatorium, a sum 

not exceeding sixty-seven hundred dollars . . . 6,700 00 

535 For the purchase of an X-ray machine and fluoroscope 

for the Lakeville state sanatorium, a sum not exceeding 

four thousand dollars ...... 4,000 00 

530 North Reading state sanatorium, a sum not exceeding 
two hundred sixteen thousand six hundred and seventy 
dollars 216,670 00 

537 Rutland state sanatorium, a sum not exceeding two 

hundred seventy-one thousand eight hundred and 

twenty dollars 271,820 00 

538 For the proportionate part of the cost of constructing a 

certain sewer at the Rutland state sanatorium by the 
metropolitan district water supply commission, to 
enable the sanatorium to use said sewer for the disposal 
of sewage without the payment of an annual fee for 
such service, a sum not exceeding sixty thousand seven 
hundred and ninety dollars ..... 60,790 00 

539 For the purchase and installation of certain sprinklers at 

the Rutland state sanatorium, a sum not exceeding 

thirty-six hundred dollars ..... 3,600 00 

540 Westfield state sanatorium, a sura not exceeding two 

hundred twenty-nine thousand nine hundred and 

ninety dollars 229,990 00 



Total $1,053,365 00 

Pondville Cancer Hospital: 

541 For maintenance of the Pondville cancer hospital, includ- 

ing care of radium, a sum not exceeding two hundred 
twenty-seven thousand six hundred and ninety-five 
dollars $227,695 00 

542 For the purchase of an X-ray machine and equipment, 

a sum not exceeding five thousand dollars . . . 5,000 00 



Total $232,695 00 

Service of the Department of Public Safety. 

Administration : 

543 For the salary of the commissioner, a sum not exceeding 

fifty-one hundred dollars . . . . . . $5,100 00 

544 For personal services of clerks and stenographers, a sum 

not exceeding eighty-four thousand dollars . . 84,000 GO 

545 For contingent expenses, including printing the annual 

report, rent of district offices, supplies and equipment, 
and all other things necessary for the investigation of 
fires and moving picture licenses, as required by law, 
and for expenses of administering the law regulating the 
sale and resale of tickets to theatres and other places of 



Acts, 1934. — Chap. 162. 201 

I tem 

public amusement by the department of public safety, 
a sum not exceeding fifty-two thousand five hundred 
dollars . . . $52,500 00 

Division of State Police: 

546 For the salaries of officers, including detectives, a sum 

not exceeding four hundred nine thousand two hundred 
and fifty dollars, of which sum not more than one 
hundred twenty-nine thousand five hundred and 
twenty dollars may be charged to the Highway Fund . $109,250 00 

547 For personal services of civilian employees, a sum not 

exceeding eighty-three thousand one hundred and 

forty dollars 83,140 00 

548 For other necessary expenses of the uniformed division, 

including traveling expenses of detectives, a sum not 
exceeding three hundred sixty-five thousand five 
hundred dollars, of which sum not more than one 
hundred eighty-three thousand one hundred and fifty 
dollars may be charged to the Highway Fund . . 365,500 00 

549 For personal services, rent, supplies and equipment 

necessary in the enforcement of provisions of law 
relative to explosives and inflammable fluids and com- 
pounds, a sum not exceeding eleven thousand and 
forty dollars 11,040 00 

Division of Inspection: 

550 For the salary of the chief of inspections, a sum not 

exceeding thirty-six hundred dollars .... 3,600 00 

551 For the salaries of officers for the building inspection 

service, a sum not exceeding forty-nine thousand 

seven hundred and ten dollars ..... 49,710 00 

552 For traveling expenses of officers for the building in- 

spection service, a sum not exceeding twelve thousand 

dollars 12,000 00 

553 For the salaries of officers for the boiler inspection service, 

a sum not exceeding sixty-two thousand one hundred 

and sixty dollars 62,160 00 

554 For traveling expenses of officers for the boiler inspection 

service, a sum not exceeding fifteen thousand six hun- 
dred dollars 15,600 00 

555 For services, supplies and equipment necessary for in- 

vestigations and inspections by the division, a sum not 

exceeding nine hundred dollars ..... 900 00 

Board of Boiler Rules: 

556 For personal services of members of the board, a sum not 

exceeding nine hundred dollars. .... 900 00 

557 For services other than personal and the necessary 

traveling expenses of the board, office supplies and 

equipment, a sum not exceeding five hundred dollars . 500 00 



Total $1,155,900 00 

Special: 

558 (This item omitted.) 

Fire Prevention Service: 

559 For the salary of the state fire marshal, a sum not 

exceeding thirty-six hundred dollars .... $3,600 00 

560 For personal services of fire inspectors and others, a sum 

not exceeding thirty-eight thousand nine hundred 

and forty dollars 38,940 00 

561 For traveling expenses of fire inspectors, a sum not ex- 

ceeding thirteen thousand dollars .... 13,000 00 



202 Acts, 1934. — Chap. 162. 

Item 

562 For other services, office rent and necessary office supplies 
and equipment, a sum not exceeding thirty-eight 
hundred dollars $3,800 00 



Total $59,340 00 

State Boxing Commission: 

563 For compensation and clerical assistance for the state 
boxing commission, a sum not exceeding ninety-six 
hundred and thirty dollars ..... $9,630 00 

504 For other expenses of the commission, a sum not ex- 
ceeding eighty-five hundred dollars .... 8,500 00 



Total $18,130 00 



Service of the Department of Public Works. 

The appropriations made in the following four items 
are to be paid three quarters from the Highway 
Fund and one quarter from the Port of Boston 
receipts: 

565 For the salaries of the commissioner and the associate 

commissioners, a sum not exceeding sixteen thousand 

five hundred and seventy-five dollars . . . $16,575 00 

566 For personal services of clerks and assistants to the com- 

missioner, a sum not exceeding eight thousand dollars . 8,000 00 

567 For traveling expenses of the commissioners, a sum not 

exceeding eighteen hundred dollars .... 1,800 00 

568 For telephone service in the public works building, a 

sum not exceeding twenty-six thousand and twenty- 
five dollars 26,025 00 



Total $52,400 00 

Functions of the department relating to highways (the 
following appropriations, except as otherwise pro- 
vided, are made from the Highway Fund) : 

569 For the maintenance and operation of the new public 

works building, a sum not exceeding one hundred 

three thousand dollars $103,000 00 

570 For the salaries of watchmen for the public works build- 

ing, a sum not exceeding ten thousand five hundred 

dollars 10,500 00 

571 For personal services of the chief engineer, engineers and 

office assistants, including certain clerks and stenog- 
raphers, a sum not exceeding eighty-six thousand 
two hundred and forty dollars 86,240 00 

572 For services • other than personal, including printing 

pamphlet of laws and the annual report, and necessary 
office supplies and equipment, a sum not exceeding 
ninety-seven hundred dollars ..... 9,700 00 

573 For the suppression of gypsy and brown tail moths on 
state highways, a sum not exceeding twelve thousand 

dollars . ' 12,000 00 

574 For the construction and repair of town and county ways, 

a sum not exceeding two million five hundred thousand 

dollars 2,500,000 00 

575 For aiding towns in the repair and improvement of public 

ways, a sum not exceeding nine hundred eighty-five 

thousand five hundred dollars ..... 985,500 00 

576 For the maintenance and repair of state highways, in- 

cluding care of snow on highways, expenses of traffic 
signs and lights; for payment of damages caused by 
defects in state highways, with the approval of the 



Acts, 1934. — Chap. 162. 203 



Item 



attorney general; for care and repair of road-building 
machinery; and for the maintenance of a nursery for 
roadside planting, a sum not exceeding two million 
seven hundred thousand dollars . . . .$2,700,000 00 

577 For the purpose of enabling the department of public 

works to secure federal aid for the construction of 
highways, a sum not exceeding one million seven 
hundred thousand dollars 1,700,000 00 

578 For administering the law relative to advertising signs 

near highways, a sum not exceeding fifteen thousand 

dollars, to be paid from the General Fund . . . 15,000 00 

579 For expenses of a topographical survey and map of the 

commonwealth, in addition to funds received from 
federal appropriations or private subscriptions, a sum 
not exceeding twenty-five thousand dollars . . 25,000 00 

Registration of Motor Vehicles: 

580 For personal services, a sum not exceeding eight hundred 

ninety-four thousand dollars, of which sum ten thou- 
sand dollars may be charged to the General Fund, and 
the remainder shall be paid from the Highway Fund . $894,000 00 

581 For services other than personal, including traveling ex- 

penses, purchase of necessary supplies and materials, 
including cartage and storage of the same, and for work 
incidental to the registration and licensing of owners 
and operators of motor vehicles, a sum not exceeding 
four hundred ninety thousand dollars, to be paid from 
the Highway Fund 490,000 00 

582 For printing and other expenses necessary in connection 

with publicity for certain safety work, a sum not ex- 
ceeding one thousand dollars, to be paid from the 
Highway Fund 1,000 00 



Total $9,531,940 00 

Functions of the department relating to waterways and 
public lands: 
683 For personal services of the chief engineer and assistants, 

a sum not exceeding fifty thousand dollars . . . $50,000 00 

584 For services other than personal, including printing 

pamphlet of laws and the annual report, and for 
necessary office and engineering supplies and equip- 
ment, a sum not exceeding sixteen hundred dollars . 1,600 00 

585 For the care and maintenance of the province lands and 

of the lands acquired and structures erected by the 
Provincetown tercentenary commission, a sum not 
exceeding forty-seven hundred dollars . . . 4,700 00 

586 For the maintenance of structures, and for repairing 

damages along the coast line or river banks of the 
commonwealth, and for the removal of wrecks and 
other obstructions from tide waters and great ponds, 
a sum not exceeding twenty-two thousand five hundred 
dollars 22,500 00 

587 For the improvement, development and protection of 

rivers and harbors, tide waters and foreshores within 
the commonwealth, as authorized by section eleven 
of chapter ninety-one of the General Laws, as appear- 
ing in the Tercentenary Edition thereof, and of great 
ponds, a sum not exceeding seventy-five thousand 
dollars, and any unexpended balance of the appropria- 
tion remaining at the end of the current fiscal year may 
be expended in the succeeding fiscal year for the same 
purposes; provided, that all expenditures made for the 



204 Acts, 1934. — Chap. 162. 

Item 

protection of shores shall be upon condition that at 
least fifty per cent of the cost is covered by contribu- 
tions from municipalities or other organizations and 
individuals, and that in the case of dredging channels 
for harbor improvements at least twenty-five per cent 
of the cost shall be so covered ..... $75,000 00 

588 For re-establishing and permanently marking certain 

triangulation points and sections, as required by order 
of the land court in accordance with section thirty- 
three of chapter ninety-one of the General Laws, as 
appearing in the Tercentenary Edition thereof, a sum 
not exceeding one thousand dollars .... 1,000 00 

589 For e.xpenses of surveying certain town boundaries, by 

the department of public works, a sum not exceeding 

five hundred dollars ...... 500 00 

590 For the operation and maintenance of the New Bedford 

state pier, a sum not exceeding five thousand dollars . 5,000 00 

591 For the compensation of dumping inspectors, a sum not 

exceeding one thousand dollars .... 1,000 00 

592 For continuing the work in gauging the flow of water in 

the streams of the commonwealth, a sum not exceeding 

four thousand dollars ...... 4,000 00 

593 For the maintenance and repair of certain property in the 

town of Plymouth, a sum not exceeding thirty-eight 

hundred dollars 3,800 00 

594 For the operation and maintenance of the Cape Cod 

Canal pier, a sum not exceeding four thousand dollars . 4,000 00 



Total $173,100 00 

Functions of the department relating to Port of Boston 
(the following items are to be paid from the Port 
of Boston receipts) : 

595 For the construction of railroads and piers and for the 

development of certain land, a sum not exceeding ten 

thousand dollars $10,000 00 

596 For the supervision and operation of commonwealth pier 

five, including the salaries or other compensation of 
employees, and for the repair and replacement of 
equipment and other property, a sum not exceeding one 
hundred thousand dollars 100,000 00 

597 For the maintenance of pier one, at East Boston, a sum 

not exceeding four thousand dollars .... 4,000 00 

598 For the maintenance and improvement of common- 

wealth property under the control of the department 
in connection with its functions relating to waterways 
and public lands, a sum not exceeding one hundred 
thousand dollars 100,000 00 

599 For dredging channels and filling flats, a sum not exceed- 

ing seventy thousand dollars, the same to be in addition 
to any unexpended balance of the appropriation made 
for the purpose in the previous year .... 70,000 00 

600 For removing abandoned hulks or wrecks lying along the 

waterfront of Boston harbor, a sum not exceeding five 
thousand dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . . 5,000 00 



Total $289,000 00 

Service of the Department of Public Utilities. 
601 For personal services of the commissioners, a sum not 

exceeding thirty thousand six hundred dollars . . $30,600 00 



Acts, 1934. — Chap. 162. 205 

Item 

602 For personal services of secretaries, employees of the ac- 

counting department, engineering department and 
rate and tariff department, a sum not exceeding 
twenty-nine thousand nine hundred and ninety dollars, 
of which sum fifteen thousand three hundred dollars 
shall be assessed upon the gas and electric companies in 
accordance with existing provisions of law . . $29,990 00 

603 For personal services of the inspection department, a sum 

not exceeding thirty-seven thousand two hundred 

dollars 37,200 00 

604 For personal services of clerks, messengers and office 

assistants, a sum not exceeding eleven thousand eight 
hundred and eighty dollars, of which sum one half 
shall be assessed upon the gas and electric companies 
in accordance with existing provisions of law . . 11,880 00 

605 For personal services of the telephone and telegraph 

division, a sum not exceeding twelve thousand seven 

hundred and thirty dollars 12,730 00 

606 For stenographic reports of hearings, a sum not exceeding 

twenty-five hundred dollars ..... 2,500 00 

607 For traveling expenses of the commissioners and em- 

ployees, a sum not exceeding thirty-five hundred 

dollars 3,500 00 

608 For services other than personal, printing the annual 

report, office supplies and equipment, a sum not 

exceeding forty-eight hundred and fifty dollars . . 4,850 00 

609 For stenographic reports of evidence at inquests held in 

cases of death by accident on or about railroads, a sum 

not exceeding one thousand dollars .... 1,000 00 



Total $134,250 00 

The following items are to be assessed upon the gas 
and electric companies: 

610 For personal services of the division of inspection of gas 

and gas meters, a sum not exceeding eighteen thou- 
sand three hundred dollars ..... $18,300 00 

611 For expenses of the division of inspection of gas and gas 

meters, including office rent, traveling and other 
necessary expenses of inspection, a sum not exceeding 
four thousand dollars 4,000 00 

612 For other services, printing the annual report, for rent of 

offices and for necessary office supplies and equipment, 

a sum not exceeding fiftj^-six hundred dollars . . 5,600 00 

613 For the examination and tests of electric meters, a sum 

not exceeding two hundred dollars .... 200 00 



Total $28,100 00 

Special Investigations: 
614 For personal services and expenses of special investiga- 
tions, including legal assistants as needed, a sum not 
exceeding ten thousand dollars, of which such sum as 
shall be expended in the investigation of gas and 
electric companies shall be assessed upon gas and elec- 
tric companies in accordance with existing provisions 
of law $10,000 00 

Smoke Inspection Service: 

The following items are to be assessed upon the 
cities and towns comprising the district defined by 
chapter six hundred and fifty-one of the acts of 
nineteen hundred and ten, and acts in amend- 
ment thereof or in addition thereto: 



206 Acts, 1934. — Chap. 162. 

Item 

615 For personal services, a sum not exceeding fifteen thou- 

sand two hundred dollars $15,200 GO 

616 For other services, printing the annual report, rent of 

offices, travel, and necessary office supplies and equip- 
ment, a sum not exceeding thirty-seven hundred and 
sixty dollars 3,760 GO 



Total $18,960 00 

Sale of Securities: 

617 For personal services in administering the law relative to 

the sale of securities, a sum not exceeding thirty-two 

thousand five hundred dollars $32,500 00 

618 For expenses other than personal in administering the 

law relative to the sale of securities, a sum not exceed- 
ing seventy-five hundred dollars .... 7,500 GO 



Total $40,000 00 

Aliscellaneous. 

619 For the maintenance of Bunker Hill monument and the 

property adjacent, to be expended by the metro- 
politan district commission, a sum not exceeding 
eleven thousand dollars $11,000 GO 

The following items are to be paid from the Highway 
Fund, with the approval of the Metropolitan Dis- 
trict Commission: 

620 For maintenance of boulevards and parkways, a sum not 

exceeding five hundred twenty-three thousand two 
hundred and seventy-five dollars .... $523,275 GO 
021 For resurfacing of boulevards and parkways, a sum not 

exceeding two hundred thousand dollars . . . 200,000 GO 

622 For the cost of repairing certain storm damages to shore 

protection at Winthrop, a sum not exceeding twenty- 
two thousand dollars 22,000 00 

623 For maintenance of Wellington bridge, a sum not ex- 

ceeding five thousand dijllars ..... 5,000 00 



Total $761,275 00 

Unclassified Accotints and Claims. 

624 For the compensation of veterans of the civil war formerly 

in the service of the commonwealth, now retired, a sum 

not exceeding six thousand dollars .... $6,000 00 

625 For the compensation of any veteran who may be retired 

by the governor under the provisions of sections fifty-six 
to fifty-nine, inclusive, of chapter thirty-two of the 
General Laws, as appearing in the Tercentenary Edi- 
tion thereof, a sum not exceeding thirty-three thousand 
dollars 33,000 GO 

626 For the compensation of certain prison officers and 

instructors formerly in the service of the common- 
wealth, now retired, a sum not exceeding fifty-six 
thousand five hundred dollars ..... 56,500 00 

627 For the compensation of state police officers formerly in 

the service of the commonwealth, and now retired, a 

sum not exceeding five thousand dollars . . . 5,000 GO 

628 For the compensation of certain women formerly em- 

ployed in cleaning the state house, and now retired, a 

sum not exceeding nine hundred dollars . . . 900 GO 



Total $101,400 GO 



Acts, 1934. — Chap. 162. 207 

Item 

For certain other aid: 

629 For the compensation of certain public employees for in- 

juries sustained in the course of their employment, as 
provided by section sixty-nine of chapter one hundred 
and fifty-two of the General Laws, as most recently 
amended by section seven of chapter three hundred 
and eighteen of the acts of nineteen hundred and 
thirty-three, a sum not exceeding sixty thousand 
dollars, of which sum not more than twenty thousand 
dollars may be charged to the Highway Fund . . $60,000 00 

630 For the payment of certain annuities and pensions of 

soldiers and others under the provisions of certain acts 
and resolves, a sum not exceeding forty-two hundred 
and ninety-six dollars ...... 4,296 00 



Total $64,296 00 

631 For reimbursing officials for premiums paid for procuring 

sureties on their bonds, as provided by existing laws, 

a sum not exceeding one hundred fifty dollars . . $150 00 

632 For payment of any claims, as authorized by section 

eighty-nine of chapter thirty-two of the General Laws, 
as most recently amended by section one of chapter 
three hundred and forty of the acts of nineteen hundred 
and thirty-three, for allowances to the families of 
members of the department of public safety doing 
police duty killed or fatally injured in the discharge of 
their duties, a sum not exceeding two thousand dollars 2,000 00 

633 For small items of expenditure for which no appropria- 

tions have been made, and for cases in which appro- 
priations have been exhausted or have reverted to 
the treasury in previous years, a sum not exceeding 
five hundred dollars ...... 500 00 

634 For reimbursement of persons for funds previously de- 

posited in the treasury of the commonwealth on 
account of unclaimed sa%'ings bank deposits, a sum 
not exceeding five hundred dollars .... 500 00 



Total $3,150 00 

Deficiencies. 
For deficiencies in certain appropriations of previous 
years, in certain items, as follows: 

Legislative Department. 
For printing, binding and paper ordered by the senate 
and house of representatives, or by concurrent order of 
the two branches, with the approval of the clerks of the 
respective branches, the sum of fifty-seven hundred 
fifty-eight dollars and forty-four cents . . . $5,758 44 

Judicial Department. 
Probate and Insolvency Courts: 

For the compensation of judges of probate when acting 
for other judges of probate, the sum of ten hundred 
ten dollars and seventy-five cents .... $1,010 75 

For expenses of judges of probate when acting for other 
judges of probate, the sum of one hundred eleven dol- 
lars and twenty cents . . . . . . Ill 20 

For clerical assistance to the register of Dukes county, 
the sum of one hundred four dollars and thirty-eight 
cents 104 38 



208 Acts, 1934. — Chap. 162. 

Item 

Justices of District Courts: 
For reimbursing certain counties for compensation of 
certain special justices for services in holding sessions 
of district courts in place of the justice, while sitting in 
the superior court, a sum not exceeding twelve hundred 
twenty-nine dollars and thirty-seven cents . . $1,229 37 

Service of the Militia. 
To cover certain small claims for damages to private 
property arising from military maneuvers, the sum 
of one hundred eighty-one dollars and twenty-five cents $181 25 

Service of the Secretary of the Commonwealth. 
For printing laws, etc.: 
For printing and distribution of the pamphlet edition of 
the acts and resolves of the year nineteen hundred and 
thirty-three, the sum of twenty-nine hundred fifty- 
nine dollars and twelve cents .... $2,959 12 

Service of the Department of Conservation. 
Division of Forestry: 
For aiding towns in the purchase of equipment for ex- 
tinguishing forest fires and for making protective belts 
or zones as a defence against forest fires, for the present 
and previous years, the sum of five hundred sixty-six 
dollars and eight cents ...... $566 08 

Service of the Department of Education. 

For the reimbursement of certain towns for the payment 
of tuition of pupils attending high schools outside the 
towns in which they reside, as provided by law, the 
sum of twenty-four hundred thirteen dollars and 
twenty-one cents ....... $2,413 21 

For the reimbursement of certain towns for the trans- 
portation of pupils attending high schools outside the 
towns in which they reside, as provided by law, the 
sum of thirty-five thousand four hundred sixty dollars 
and eighty-two cents ...... 35,460 82 

For assisting small towns in providing themselves with 
school superintendents, as provided by law, the sum 
of ninety-seven dollars and eight cents ... 97 08 

Service of the Department of Civil Service and Registration. 
Board of Registration in Optometry: 
For traveling expenses, the sum of one hundred twenty- 
three dollars and thirty-six cents . . . . $123 36 

Service of the Department of Labor and Industries. 
For personal services for the inspectional service and for 
traveling expenses of the commissioner, assistant com- 
missioner, associate commissioners and inspectors of 
labor, and for services other than personal, printing the 
annual report, rent of district offices, and office supplies 
and equipment for the inspectional service, the sum of 
thirty-seven dollars and eighty-four cents . . . $37 84 

Service of the Department of Public Welfare. 

Administration : 
For services other than personal, printing the annual 
report, traveling expenses, including expenses of aux- 
iliary visitors, office supplies and expenses, and con- 
tingent expenses for the supervision of homesteads and 
planning boards, the sum of two hundred forty-three 
dollars and thirty-nine cents ..... $243 39 



Acts, 1934. — Chap. 162. 209 



Item 



Tuition of children: 
For reimbursement of cities and towns for tuition of 
children attending the public schools, the sum of eight 
hundred sixty-one dollars and forty-six cents . . $861 46 

Service of the Department of Public Works. 
Functions of the department relating to highways: 

For the maintenance and repair of state highways, in- 
cluding care of snow on highways, expenses of traffic 
signs and lights, and payment of damages caused by 
defects in state highways, with the approval of the 
attorney general; for care and repair of road-building 
machinery; and for the purchase and improvement of 
a nursery for roadside planting, the sum of nineteen 
dollars and fourteen cents, to be paid from the High- 
way Fund $19 14 

For administering the law relative to advertising signs 
near highways, the sum of one hundred forty-seven 
dollars and twenty-two cents, to be paid from the 
General Fund 147 22 

Functions of the department relating to Port of Boston: 
For the supervision and operation of commonwealth pier 
five, including the salaries or other compensation of 
employees, and for the repair and replacement of 
equipment and other property, the sum of six dollars 
and sixty cents, to be paid from the Port of Boston 
receipts ........ 6 60 

Unclassified Accounts. 
For reimbursing officials for premiums paid for pro- 
curing sureties on their bonds, as provided by existing 
laws, the sum of sixty-eight dollars .... 68 00 



Total $51,398 71 

Metropolitan District Commission. 

The following items are to be assessed upon the several 
districts in accordance with the methods fixed by 
law, unless otherwise provided, and to be expended 
under the direction and with the approval of the 
metropolitan district commission: 

636 For maintenance of the Charles River basin, a sum not 

exceeding two hundred twelve thousand nine hundred 

and twenty-five dollars $212,925 00 

637 For maintenance of park reservations, a sum not exceed- 

ing eight hundred fifty-one thousand one hundred and 
fifty dollars, including retirement of soldiers under the 
provisions of the General Laws .... 851,150 00 

638 For the expense of holding band concerts, a sum not 

exceeding twenty thousand dollars .... 20,000 00 

639 For services and expenses of the division of metropolitan 

planning, as authorized by chapter three hundred and 
ninety-nine of the acts of nineteen hundred and twenty- 
three, a sum not exceeding eighteen thousand dollars . 18,000 00 

640 For maintenance of the Nantasket Beach reservation, a 

sum not exceeding eighty-eight thousand dollars. . 88,000 00 

641 For maintenance of Wellington bridge, a sum not ex- 

ceeding fifteen thousand dollars, including retirement 
of soldiers under the provisions of the General Laws, 
the same to be in addition to the amount appropriated 
in item six hundred and twenty-three . . . 15,000 00 



210 



Acts, 1934. — Chap. 162. 



Item 
642 



643 



644 



645 



Expenditures 
in excess of 
appropriations 
regulated. 



Appropriations 
for mainte- 
nance of cer- 
tain institu- 
tions. 



Expenditures 
for public 
buildings 
regulated. 



Allowances for 
board, etc., 
regiilated. 



For the maintenance and operation of a system of sewage 
disposal for the north metropolitan sewerage district, 
a sum not exceeding three hundred thirty-seven thou- 
sand six hundred dollars, including retirement of soldiers 
under the provisions of the General Laws . 

For the maintenance and operation of a system of sewage 
disposal for the south metropolitan sewerage district, 
a sum not exceeding two hundred forty-nine thousand 
two hundred dollars, including retirement of soldiers 
under the provisions of the General Laws . 

For the maintenance and operation of the metropolitan 
water system, a sum not exceeding eight hundred 
forty thousand five hundred dollars, including retire- 
ment of soldiers under the provisions of the General 
Laws ......... 

For the construction of additions and improvements to 
certain supply and distribution mains, as a part of the 
cost of maintenance of the metropolitan water system, 
a sum not exceeding three hundred thousand dollars, 
the same to be in addition to any unexpended balance 



$337,600 00 



249,200 00 



840,500 00 



of an appropriation made for the purpose 
ous year ..... 

Total ..... 

General and Highway Funds 
Metropolitan District Commission 



in the previ- 



300,000 00 
},017,375 00 



$55,947,714 22 
. 3,017,375 GO 



Section 2A. [Disapproved hy the governor by message to 
the house of representatives filed April 20, 1934. Objections of 
governor sustained by vote of the house of representatives May 7, 
1934.] 

Section 2B. [Disapproved by the governor by message to 
the house of representatives filed April 20, 1934- Objections of 
governor sustained by vote of the house of representatives May 7, 
1934.] 

Section 3. No expenditures in excess of appropriations 
provided for under this act shall be incurred by any depart- 
ment or institution, except in cases of emergency, and then 
only upon the prior written approval of the governor and 
council. 

Section 4. The sums appropriated for maintenance of 
certain institutions include allowances for the purchase of 
coal to April first, nineteen hundred and thirty-five, and 
balance representing these sums may be carried forward at 
the end of the fiscal year. 

Section 5. No payment shall be made or obligation 
incurred under authority of any special appropriation made 
by this act for construction of public buildings or other 
improvements at state institutions until plans and specifi- 
cations have been approved by the governor, unless otherwise 
provided by such rules and regulations as the governor may 
make. 

Section 6. No expenses incurred on and after the date 
of the passage of this act for mid-day meals by state em- 
ployees, other than those who receive as part of their compen- 
sation a non-cash allowance in the form of full or complete 
boarding and housing, and those employees who are stationed 



Acts, 1934. — Chaps. 163, 164. 211 

beyond commuting distance from their homes for a period 
of more than twenty-four hours, shall be allowed by the 
commonwealth. 

Section 7. The budget commissioner is hereby directed be°slrt "to "*''"' 
to send a copy of sections three, five and six of this act to department 
each departmental, divisional and institutional head im- ^''''''^• 
mediately following the passage of this act. 

Section 8. This act shall take effect upon its passage. 

Approved April 18, 1934. 



Chap. 163 



An Act relative to the making of repairs by cities and 

TOWNS ON certain PRIVATE WAYS AS EMERGENCY RELIEF 

administration work. 

Whereas, The deferred operation of this act would tend ^""''■1^'"^^ 

jic • 1 p.-iiii 11 preamble. 

to defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Any city or town may, in order to obtain the benefits 
accruing from the expenditure of funds therein by the Emer- 
gency Relief Administration under the provisions of the 
National Industrial Recovery Act, make repairs on private 
ways therein which have been open to public use for six 
years or more, to be paid for out of funds received under the 
authority of said Emergency Relief Administration and /or 
other funds appropriated by the city or town as its contribu- 
tion to Emergency Relief Administration projects, and in 
such cases section twenty-five of chapter eighty-four of the 
General Laws shall not apply. Approved April 24, 1934. 

An Act prohibiting the use of documents drawn to Qhny \aA 
imitate judicial process. ' ■ 

Be it enacted, etc., as follows: 

Chapter two hundred and seventy-two of the General ^ l. (jer. 
Laws is hereby amended by inserting after section ninety- section 97'a!'^'' 
seven, as appearing in the Tercentenary Edition, the follow- »dded. 
ing new section: — Section 97 A. Forms of demands or Documents 
notices or other documents drawn to resemble court process fjiT^^judici'"" 
shall not be used by attorneys at law, persons conducting process, use 
collection agencies or others in the collection of bills, accounts "' pi-ohihite.i. 
or other indebtedness. A district court, on complaint of any 
person exhibiting and filing therewith such a form or docu- 
ment or copy thereof, alleging that a person who resides or 
has a place of business within the judicial district of such 
court has used or is using such form or document in violation 
of this section, may issue an order of notice to the person 
complained of to show cause why he should not be ordered to 
discontinue such use on penalty of contempt. 

Approved April 24, 1934. 



212 Acts, 1934. — Chaps. 165, 166. 



Chap. 165 An Act relative to the last date for filing nomina- 
tion PAPERS FOR THE STATE PRIMARIES IN THE CURRENT 
YEAR. 

Be it enacted, etc., as follows: 

In the current year, all nomination papers of candidates 
to be voted for at state primaries shall be filed with the state 
secretary on or before the sixth Tuesday preceding the day 
of the primaries, notwithstanding anything to the contrary 
contained in section forty-eight of chapter fifty-three of the 
General Laws, as amended by section fifteen of chapter three 
hundred and ten of the acts of nineteen hundred and thirty- 
two. Approved April 24, 1934. 

Chap. 166 An Act relative to the election of certain members of 

THE TRUSTEES OF TUFTS COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. Ten of the members of the Trustees of Tufts 
College, incorporated by chapter one hundred and forty-one 
of the acts of eighteen hundred and fifty-two under the name 
of the Trustees of the Tufts College, and whose name was 
changed to its present one by section one of chapter seventy- 
two of the acts of eighteen hundred and sixty-seven, herein- 
after called the corporation, shall, in the manner and for the 
terms hereinafter provided, be elected from the alumni of 
Tufts College and the alumnae of Jackson College for Women, 
hereinafter called the alumni, and the members so to be 
elected are hereinafter called the alumni members of the 
corporation. 

Section 2. Any person who for ten years has held a degree 
from Tufts College, or from Jackson College for Women, 
conferred in regular course shall be eligible to be elected an 
alumni member of the corporation; provided, that at least 
seven of the ten alumni members of the corporation shall 
hold from Tufts College or Jackson College for Women the 
first degree in arts and sciences. 

Section 3. The ten alumni members of the corporation 
shall be chosen either by the alumni acting directly as a whole 
or by such representatives of the alumni as may be chosen 
members of a representative group, which group, if and so 
long as approved by the corporation, shall have power, acting 
for the alumni as a whole, to elect the alumni members of the 
corporation. 

Section 4. In the event that the alumni members of the 
corporation are elected by the alumni acting as a whole, the 
procedure, except as otherwise herein provided, shall be as 
follows : The president and the secretary of the Tufts College 
Alumni Association, Inc. and the secretary of the corporation, 
acting as a committee, shall, on or before the first day of 
March in each year, send by mail to the last known address 
of each person qualified to vote for the alumni members of 



Acts, 1934. — Chap. 166. 213 

the corporation a notice calling for nomination of candidates. 
Such notice shall state the number of members to be elected, 
the qualifications necessary for membership, that to be 
counted all nominations must be received on or before the 
first day of April, and that each voter is entitled to name as 
many candidates as there are vacancies to be filled at the 
election. The committee, on or before the first day of May, 
shall canvass the returns for nominations, shall select to the 
number of twice the places to be filled the names of those 
receiving the largest number of votes who after notification 
have not declined to serve, and shall mail a ballot to each 
person entitled to vote. Such ballot shall contain, in alpha- 
betical order, the names selected as above, with blank places 
for voting as on the so-called Austrahan ballot, the degrees 
received by each candidate, with their dates, the occupation 
of each candidate, and the statement that to be counted all 
ballots must be signed by the voter and be in the hands of the 
committee on or before the first day of June. On or before 
the twelfth day of June the committee shall count the votes 
received and make and sign a report of the same in duplicate, 
and deliver one duplicate to the corporation and the other 
to the Tufts College Alumni Association, Inc. Such report 
shall state the number of votes cast for each candidate, and 
shall declare elected the candidate or candidates having the 
highest number of votes for the several places to be filled. 

Whenever the alumni members of the corporation are 
elected by the alumni as a whole by the method provided 
by this or the following section, all persons who for five 
years have held a degree from Tufts College or Jackson 
College for Women conferred in regular course, and all 
persons who have received from either of said colleges an 
honorary degree, shall be entitled to vote both on the nom- 
ination and the election ballots. 

Section 5. The procedure provided by the preceding 
section may be altered, and rules and regulations governing 
the method of nominating and electing alumni members of 
the corporation may be adopted by the Tufts College Alumni 
Association, Inc., acting through its executive or other 
governing board or committee, and such rules and regulations 
shall become effective when a duly attested copy thereof 
shall have been filed with the secretary of, and approved by, 
the corporation. Said rules and regulations may be amended 
at any time in the same manner in which they were originally 
adopted, and shall take effect as amended upon the filing of 
an attested copy thereof and its approval as aforesaid. 
Upon such approval of rules and regulations, or of any 
amendment thereto, the nomination and election of the 
alumni members of the corporation shall thereafter be con- 
ducted in accordance therewith. 

Section 6. In the event that the alumni shall delegate 
to a representative group, as provided by section three, the 
power to elect on their behalf alumni members of the cor- 
poration, the said representative group shall itself adopt such 



214 Acts, 1934. — Chap. 166. 

rules and regulations governing its procedure in the matter of 
their nomination and election as it may deem suitable and 
proper, and such rules and regulations shall become effective 
when a duly attested copy thereof shall have been filed with 
the secretary of, and approved by, the corporation. The said 
rules and regulations may be amended at any time by the 
then existing and approved representative group and such 
amendment shall become effective upon the filing of an 
attested copy thereof and its approval as hereinbefore pro- 
vided. 

Section 7. Nothing in any rules and regulations adopted 
hereunder, or in any amendment thereof, shall change the 
V number of alumni members of the corporation, their terms 

of office, or their powers, rights and privileges. 

Section 8. The alumni members of the corporation serving 
at the time of the taking effect of this act, and the two 
members who have been or shall be elected by the alumni 
acting as a whole at the election held in the year nineteen 
hundred and thirty-four, shall serve through the terms for 
which they have been or shall be elected, and shall exercise 
all the powers and privileges possessed by the alumni mem- 
bers at the time of such taking effect. Such procedure, rules 
and regulations governing the nomination and election of the 
alumni members of the corporation which may be adopted as 
herein provided shall apply only to the nomination and elec- 
tion of their successors as the respective terms of those now 
serving, and of the two elected in the year nineteen hundred 
and thirty-four, shall expire. 

Section 9. The term of service of each alumni member 
of the corporation elected in accordance with the provisions 
herein contained, shall, except in the case of filling a vacancy, 
commence on the first day of July in the year of the expira- 
tion of the term of the person whose place he or she is elected 
to fill, and shall continue for five years. Any such member 
shall be eligible for re-election. 

Section 10. In the event that a vacancy occurs among the 
alumni members of the corporation, it shall be filled for the 
unexpired term by the method then in effect for electing such 
members, but in no event later than the next annual election. 
In filling vacancies among the life members of the corporation, 
no alumni member of the corporation shall be entitled to vote. 

Section 11. Chapter two hundred and fifty-five of the 
acts of nineteen hundred and seven, section four of chapter 
six hundred and thirty-two of the acts of nineteen hundred 
and ten, and chapter one hundred and six of the Special 
Acts of nineteen hundred and nineteen, and all other acts 
and parts of acts inconsistent herewith, are hereby repealed. 

Section 12. This act shall not take effect until it shall 
have been accepted by votes of the Trustees of Tufts College 
and of the Tufts College Alumni Association, Inc., and 
copies of the respective votes of acceptance shall have been 
filed with the secretary of the commonwealth. 

Approved April 24, 1934- 



Acts, 1934. — Chaps. 167, 168, 169. 



215 



An Act relative to the interstate transportation of Chap. 167 

POOR AND indigent PERSONS. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-one of the General Laws 
is hereby amended by inserting after section nine, as appear- 
ing in the Tercentenary Edition, the following new section : — 
Section 9 A. The department is hereby authorized to enter 
into reciprocal agreements with other states regarding the 
interstate transportation of poor and indigent persons, and 
to arrange with the local boards of public welfare for the 
acceptance and support of persons receiving public aid in 
other states, in accordance with the terms of such reciprocal 
agreements. Approved April 24, 1934. 



G. L. (Ter. 
Ed.), 121, new 
section 9A, 
added. 

Duties of de- 
partment of 
public welfare 
relative to 
transportntioii 
of certain 
poor persons. 



An Act relative to the erection of garages in the Chap. 168 

YARDS OF CERTAIN TENEMENT HOUSES UNDER THE TENE- 
MENT HOUSE LAW. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-five of the General Laws 
is hereby amended by inserting after section seventeen, as 
appearing in the Tercentenary Edition thereof, the following 
new section: — Section 17 A. Nothing in this chapter shall Erection of 
prevent the building of a garage to accommodate not more f^■^J^f^l^men^ 
than two cars in the yard of a tenement house erected before house districts. 
acceptance of this chapter. 

Approved April 24, 1934. 



Q. L. (Ter. 
Ed.), lJ5, new 
section 17A, 
added. 



An Act relative to liens on real estate where taxes Chap. 169 

HAVE BEEN REASSESSED. 



Be it enacted, etc., as follows: 

Chapter sixty of the General Laws, as most recently 
amended in section thirty-seven by section two of chapter 
one hundred and thirty-one of the acts of the current year, is 
hereby further amended by striking out said section thirty- 
seven and inserting in place thereof the following : — Section 
37. Taxes assessed upon land, including those assessed under 
sections twelve, thirteen and fourteen of chapter fifty-nine, 
shall with all incidental charges and fees be a lien thereon 
from January first in the year of assessment. Except as 
provided in section sixty-one, such lien shall terminate at 
the expiration of two years from October first in said year, 
if the estate has in the meantime been alienated and the 
instrument alienating the same has been recorded, otherwise 
it shall continue until a recorded alienation thereof; but if 
while such lien is in force a tax sale or taking has been made, 
and the deed or instrument of taking has been duly recorded 
within sixty days, but the sale or taking is invalid by reason 
of any error or irregularity in the proceedings subsequent to 



G. L. (Ter. 
Ed.), 60, 
§37, etc., 
amended. 



Lien of tax 
upon real 
estate, levy by 
sale, etc. 



216 



Acts, 1934. — Chap. 170. 



the assessment, the Hen shall continue for ninety days after 
a surrender and discharge under section forty-six or a release, 
notice or disclaimer under sections eighty-two to eighty- 
four, inclusive, has been duly recorded, or for ninety days 
after the sale or taking has been finally adjudged invalid by a 
court of competent jurisdiction. Said taxes, if unpaid for 
fourteen days after demand therefor, may, with said charges 
and fees, be levied by sale of the real estate, if the lien thereon 
has not terminated. No tax title shall be held to be invalid by 
reason of any errors or irregularities in the proceedings of the 
collector which are neither substantial nor misleading. 

Approved April 34, 1984- 



G. L. (Ter. 
E.I.), 176, 
§21, amended. 



ChaV 170 ^^ ^^'^ RELATIVE TO THE DESIGNATING OF BENEFICIARIES 
UNDER DEATH BENEFIT CERTIFICATES BY MEMBERS OF 
FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter one hundred and seventy-six 
of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by inserting after the word 
"parents" in the fourth line the words: — , brother-in-law, 
sister-in-law, or nephews or nieces by marriage, — and by 
striking out the next to the last sentence and inserting in 
place thereof the following : — If the beneficiary first desig- 
nated by a member has died, or a period of three or more 
years has elapsed since the issuance of the original benefit 
certificate, and the member has no husband, wife, child, 
adopted child, parent or adoptive parent living, and if there 
is no one then dependent upon the member, he may, with 
the consent of the officers of the society having the powers of 
directors, and under such rules as they may prescribe, 
designate, in place of the beneficiary whose name appears in 
his certificate, any other person as beneficiary, — so as to 
read as follows : — Section 21 . Death benefits shall be 
payable only to the wife, husband, relative by blood, father- 
in-law, mother-in-law, son-in-law, daughter-in-law, step- 
father, stepmother, stepchildren, betrothed, adopted chil- 
dren or adoptive parents, brother-in-law, sister-in-law, or 
nephews or nieces by marriage, or to persons dependent upon 
the member; provided, that if after the issuance of the 
original certificate the member, his wife or minor children 
shall become dependent upon an incorporated charitable 
institution or upon a home situated within the common- 
wealth and incorporated under the laws thereof and main- 
tained and supported by any secret fraternity or order for 
the care and maintenance of its aged, infirm, indigent or 
unfortunate members, or for the care and support of a wife 
or widow of such a member, or for the care, support and 
education of minor children of such members or of deceased 
members, the member shall have the privilege, with the 
consent of the society, of making such institution or home his 



Beneficiaries 
under policies 
of fraternal 
benefit soci- 
eties. 



Acts, 1934. — Chap. 171. 



217 



beneficiary to the full amount becoming due or payable under 
said certificate, or to the extent of the amount disbursed for 
the benefit of said member, his wife, widow or child, by such 
charitable institution or home at the rate of average cost of 
maintenance or care thereof during the period such member, 
his wife, widow or children shall be so cared for, together with 
any sums expended by such institution or home for assess- 
ments, dues, tax or other payments by reason of such benefit 
certificate and, subject to the limitation of this section, 
another person as beneficiary of the remainder. Within the 
above restrictions each member shall have the right to desig- 
nate his beneficiary, and from time to time have the same 
changed in accordance with the by-laws of the society; and no 
beneficiary shall have or obtain any vested interest in the 
said benefit until the same has become due and payable upon 
the death of the said member; provided, that any society 
may by its by-laws limit the scope of beneficiaries within the 
above classes. If the beneficiary first designated by a mem- 
ber has died, or a period of three or more years has elapsed 
since the issuance of the original benefit certificate, and the 
member has no husband, wife, child, adopted child, parent or 
adoptive parent living, and if there is no one then dependent 
upon the member, he may, with the consent of the officers of 
the society having the powers of directors, and under such 
rules as they may prescribe, designate, in place of the bene- 
ficiary whose name appears in his certificate, any other person 
as beneficiary. No contract under this chapter, except where 
an incorporated charitable institution or home is made 
beneficiary as aforesaid, shall be valid which shall be con- 
ditioned upon an agreement or understanding that the person 
to whom the death benefit is made payable shall pay the 
periodical or other contributions of the member. 

Approved April ^4, 1934- 



An Act making the licenses of innholders and common (Jjidj) 17] 

VICTUALLERS CO-TERMINOUS WITH LICENSES GRANTED FOR 
THE SALE OF ALCOHOLIC BEVERAGES. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the pubhc convenience. 



Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and forty 
of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out all after 
the word "on" in the fifth line and inserting in place thereof 
the following: — December thirty-first of each year; but they 
may be granted during December, to take effect on January- 
first following, — so as to read as follows: — Section 4. 
Every license of an innholder or common victualler shall 
specify the street and number, if any, of the building where 



G. L. (Ter. 
Ed.), 140, §4, 
amended. 



Contents of 
license of an 
innholder or 
common 
victualler. 



218 Acts, 1934. — Chap. 172. 

the business is to be carried on or give some other particular 
description thereof, and the hcense shall not protect a licensee 
who carries on his business in any other place. Such licenses 
shall expire on December thirty-first of each year; but they 
may be granted during December, to take effect on January 
first following. 
Terms of cer- SECTION 2. The tcrms of all Hcenscs granted under 

licenses hereto scction two of Said chapter one hundred and forty and in 
fore issued. forcc on the elTective date of this act which would otherwise 
expire on April thirtieth of the current year are hereby ex- 
tended to the first day of January, nineteen hundred and 
thirty-five; provided, that the holder pays to the licensing 
authorities a fee for said extended period equal to two thirds 
of the annual fee established for such licenses under said 
section two. Approved April 27, 1934- 



Chap. 172 An Act relative to the construction of the parkway 

BETWEEN revere BEACH PARKWAY AT THE JUNCTION OF 
FELLSWAY and MYSTIC AVENUE IN MEDFORD. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter four hundred and 
fifty of the acts of nineteen hundred and thirty-one is hereby 
amended by striking out, in the second hne, the word "four" 
and inserting in place thereof the word : — five, — so as to 
read as follows: — Section 6. The cost of the work authorized 
by section one shall not exceed five hundred thousand dollars; 
the cost of the work authorized by section two shall not 
exceed one hundred thousand dollars; the cost of the work 
authorized by section three shall not exceed the amount of 
any unexpended balance of any appropriation previously 
made for the construction authorized by paragraph {d) of 
section one of said chapter three hundred and thirty-four, and, 
in addition, a sum not exceeding fifty thousand dollars; the 
cost of the work authorized by section four shall not exceed 
four hundred thousand dollars; and the cost of the work 
authorized by section five shall not exceed the amount of any 
unexpended balance of any appropriation previously made 
for the work authorized by section twenty-one of chapter 
four hundred and twenty of the acts of nineteen hundred and 
thirty, and said unexpended balance may be expended for 
the work authorized by section five. 

Section 2. One half of the additional expenditure of one 
hundred thousand dollars authorized by this act shall be 
assessed upon the cities and towns of the metropolitan parks 
district in proportion to the respective taxable valuations of 
the property of said cities and towns, as defined by section 



Acts, 1934. — Chaps. 173, 174. 

fifty-nine of chapter ninety-two of the General Laws and the 
remainder thereof shall be paid from the Highway Fund for 
the current year. Approved April 27, 1934- 



219 



An Act establishing the office of state ornithologist Chap. 173 

IN THE division OF FISHERIES AND GAME OF THE DEPART- 
MENT OF CONSERVATION. 

Whereas, The deferred operation of this act would tend to ^""^^le*'^ 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



G. L. (Ter. 
Ed.), 21, new- 
section 7A, 
added. 

State orni- 
thologist. 
Duties, etc. 



Be it enacted, etc., as follows: 

Section 1. Chapter twenty-one of the General Laws is 
hereby amended by inserting after section seven, as appear- 
ing in the Tercentenary Edition, the following new section: — 
Section 7 A. The director may, subject to the approval of the 
commissioner, appoint and remove a state ornithologist who 
shall be qualified by training and experience to perform the 
duties of his office. He shall perform such duties as the 
director may from time to time prescribe. 

Section 2. Expenditures required to carry out the pro- Api^opriation. 
visions of this act during the current fiscal year shall be taken 
from any amount appropriated in said year for expenditure 
by the division of fisheries and game for the protection of 
certain wild life, but shall not be incurred until after such 
appropriation is made. Approved April 27, 1934. 



An Act making provision for an emergency in relation Chap. 174 

TO THE granting OF CERTAIN LICENSES IN THE CITY OF 
FITCHBURG. 

Be it enacted, etc., as follows: 

Section 1. From and after the first day of May in the 
current year and until the rendition by the supreme judicial 
court of a final decision in the case of Weyman S. Crocker, 
Herman A. Seidel and Hugh J. Hogg versus Louis N. M. 
Deschenes, Paul J. Woodcome and Robert E. Comiskey, all 
of the city of Fitchburg, now pending in said court under 
docket number seventy-six hundred and sixty-seven, the 
mayor of said city shall, in respect to all applications filed 
after said first day of May for licenses for the sale of alcoholic 
beverages and licenses to conduct the business of innholder, 
common victualler or lodging house keeper, be the sole and 
exclusive licensing authority in said city. Licenses granted 
by the mayor under this section shall terminate, unless 
sooner revoked by the proper licensing authority, on Decem- 
ber thirty-first in the current year. 

Section 2. Temporary licenses issued by assumed au- 
thority of chapter one hundred and thirty-eight of the 
General Laws, as appearing in section two of chapter three 



220 Acts, 1934. — Chap. 175. 

hundred and seventy-six of the acts of nineteen hundred and 
thirty-three, and purporting to authorize the sale of alcohoUc 
beverages in the city of Fitchburg, and hcenses issued to inn- 
holders, common victuallers and keepers of lodging houses 
under chapter one hundred and forty of the General Laws, as 
appearing in the Tercentenary Edition thereof, purporting to 
authorize the conduct of the business of innholder, common 
victualler or lodging house keeper in said city, shall be 
effective to authorize the sale of such beverages and the con- 
duct of such businesses from said first day of May, the date 
when said licenses purport to expire, for such periods of ex- 
tension, not exceeding sixty days as to each such extension, 
as the mayor may grant; provided, that for each such ex- 
tension the holder shall pay into the treasury of said city an 
additional pro rata license fee, as solely and finally determined 
by the mayor. 

Section 3. Nothing herein contained shall be construed 
to affirm the legality of the licenses described in section two 
for the period prior to said May first or of the body issuing 
the same or in any way to prejudice the issues involved in 
such pending case. 

Section 4. This act shall take effect upon its passage. 

Approved April 27, 1934. 



Chap. 175 An Act providing for the holding in the city of North- 
ampton OF ALL SESSIONS OF THE PROBATE COURT FOR THE 
COUNTY OF HAMPSHIRE. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-two of chapter two hundred and 
fifteen of the General Laws is hereby amended by striking 
out the paragraph contained in lines thirty-four to thirty- 
seven, inclusive, as appearing in the Tercentenary Edition 
thereof and amended by chapter fifty-four of the acts of the 
current year, and inserting in place thereof the following : — 

Hampshire, at Northampton, the first Tuesday of each 
month and the third Tuesday of each month except July and 
August. 

Section 2. The abolition of sessions of said court at 
Amherst and Ware and the establishment of additional ses- 
sions thereof at Northampton under said chapter fifty-four 
and under this act shall become effective on July first in the 
current year, but not before. Approved April 27, 1934. 



Acts, 1934. — Chaps. 176, 177. 221 



An Act authorizing the town of plympton to borrow (Jfiap, 176 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a central 
school building, and originally equipping and furnishing the 
same, the town of Plympton may borrow from time to time, 
within a period of five years from the passage of this act, such 
sums as may be necessary, not exceeding, in the aggregate, 
six thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Plympton School 
Loan, Act of 1934. Each authorized issue shall constitute a 
separate loan, and such loans shall be paid in not more than 
ten years from their dates, but no issue shall be authorized 
under this act unless a sum equal to an amount not less than 
ten per cent of such authorized issue is voted for the same 
purpose to be raised by the tax levy of the year when au- 
thorized. Indebtedness incurred under this act shall be in 
excess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
as appearing in the Tercentenary Edition, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

Section 2. This act shall take effect upon its passage. 

Approved April 27, 1934. 



An Act changing and establishing the boundary line Chap. 177 

BETWEEN THE CITY OF WOBURN AND THE TOWN OF READ- 
ING. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter 
constitute a portion of the boundary line between the town 
of Reading and the city of Woburn : — Beginning at the 
present corner bound of the towns of Reading and Wilming- 
ton and the city of Woburn at a point marked by a rough 
granite monument situated on high wooded land two (2) 
feet northeasterly from the center of a wall in latitude 42°, 
31', 48.21" and longitude 71°, 08', 09.42"; thence south 21°, 
02' east true bearing, 8,435.2 feet to a point on the northerly 
side of Washington street; thqnce south 18°, 52' east true 
bearing, 300 feet to a point; thence south 68°, 39' west true 
bearing, 89.9 feet to a point; thence south 21°, 21' east true 
bearing, 1,320.1 feet to a point; thence north 68°, 39' east 
true bearing, 125.8 feet to a town bound at a point on the 
southerly side of South street; thence south 22°, 14' east true 
bearing, 1,569.8 feet to the present corner bound of the 
towns of Reading and Stoneham and the city of Woburn 
marked by a granite monument standing in woodland about 
100 feet southeasterly from the roadstone standing on the 
northwesterly side of Walnut street, Reading, or Cedar 



222 



Acts, 1934. — Chaps. 178, 179. 



street, Woburn, in latitude 42°, 30', 01.26" and longitude 
71°, 07', 12.92". 
Section 2. This act shall take effect upon its passage. 

Approved April 27, 1934- 



Chap. 178 An Act providing for the construction of a municipal 

BUILDING IN THE EAST BOSTON DISTRICT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of purchasing or otherwise 
acquiring land and constructing thereon a municipal building 
in the East Boston district of the city of Boston, said city 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, one hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 
their face the words. East Boston Municipal Building Loan, 
Act of 1934. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be paid in not more than fifteen 
years from their dates, but no issue shall be authorized under 
this section unless a sum equal to an amount not less than ten 
per cent of such authorized issue is voted for the same purpose 
to be raised by the tax levy of the year when authorized. 
Indebtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be sub- 
ject to the laws relative to the issuance of debt by the city 
of Boston. The proceeds of the loan herein authorized shall 
be used only for the purposes herein specified. The afore- 
said municipal building shall be so designed as, in the judg- 
ment of the city, to best serve the community by providing 
quarters for municipal departments and for veteran and civic 
organizations that may under the law be supplied by the city, 
and as a community center. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 



wise. 



Approved April 27, 1934. 



Chap. 179 An Act relative to protection of borrowers from 

LOAN SHARKS, SO CALLED, AND FURTHER REGULATING THE 
BUSINESS OF MAKING SMALL LOANS. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. Scctiou ninety of chapter one hundred and 

•unemied"' ^^°' ^"^^^^ ^^ ^^^ General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by adding at the end thereof the 
following : — If an action is brought upon a loan coming 
Small loans. within the purview of this section, the verdict or finding en- 
bJr°rower." " tcred for the plaintiff in such action shall in no event exceed 



Acts, 1934. — Chap. 180. 



223 



the amount that would be required to discharge, by payment 
or tender, the indebtedness at the time of such verdict or 
finding. Any agreement whereby the borrower waives the 
benefits of this section or releases any rights he may have 
acquired by virtue hereof shall be deemed to be against public 
policy and void. If, after all deductions or payments, wheth- 
er on account of interest, expenses or principal made sub- 
stantially contemporaneously with the making of the loan, 
the amount retained by the borrower be less than one 
thousand dollars, the transaction shall be deemed to be a loan 
in the amount of the sum so retained by the borrower after 
such deductions or payments, notwithstanding that the loan 
be nominally for a greater sum. 

Section 2. Section ninety-six of said chapter one hundred 
and forty, as so appearing, is hereby amended by adding at 
the end thereof the following : — 

If, after all deductions or payments, whether on account 
of interest, expenses or principal made substantially contem- 
poraneously with the making of the loan, the amount retained 
by the borrower be three hundred dollars or less, the trans- 
action shall be deemed to be a loan in the amount of the 
sum so retained by the borrower after such deductions or 
payments, notwithstanding that the loan be nominally for 
a greater sum. Approved April 27, 1934- 



G. L. (Ter. 
Ed.), 140, 
§96, amended. 

Business of 
making small 
loans 
regulated. 



G. L. (Ter. 
Ed.), 94, 
§42P. 
amended. 



Purcliases of 
milk, etc., by 
dealers, record 
of. 



An Act relative to the purchase of milk by weight by (Jhav 180 

CERTAIN MILK DEALERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws is 
hereby amended by striking out section forty-two F, inserted 
by section two of chapter three hundred and thirty-eight of 
the acts of nineteen hundred and thirty-three, and inserting 
in place thereof the following : — Section 4^F. Every opera- 
tor of a milk plant or manufactory shall keep, in such form 
as the commissioner may prescribe, a record of all trans- 
actions concerning purchases of milk and of cream by him 
and shall furnish to each producer from whom he purchases 
milk by weight a daily statement, in such form as the com- 
missioner may prescribe, of the weight of the milk received 
from the producer. 

Section 2. Section forty-two H of said chapter ninety- 
four, inserted by said section two of said chapter three 
hundred and thirty-eight, is hereby amended by striking out 
the paragraph numbered two and inserting in place thereof 
the following : — 

2. That there has been a failure to make prompt settle- 
ments with producers from whom the applicant or hcensee 
buys milk or cream, or to make the daily statements required 
by section forty-two F. Approved April 27, 1934. 



G. L. (Ter. 
Ed.), 94, 
§42H, 
amended. 



Revocation of 
license, etc., 
when. 



224 



Acts, 1934. — Chaps. 181, 182, 183. 



ChaV 181 ^^ "^^^ RELATIVE TO THE DISMISSING OF LIBELS FOR DIVORCE 

AFTER DECREES NISI. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter two hundred 
and eight of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by adding at the end 
thereof the following : — After the entry of a decree nisi, the 
libel shall not be dismissed or discontinued on motion of 
either party except upon such terms, if any, as the court 
may order after notice to the other party and a hearing, unless 
there has been filed with the court a memorandum signed by 
both parties wherein they agree to such disposition of the 
libel. 

Section 2. This act shall take effect on the first day of 
September in the current year. 

Approved April 27, 1934. 



G. L. (Ter. 
Ed.), 208, 
§21, amended. 

Decrees ot 
divorce, 
dismissal of. 



Effective date. 



G. L. (Ter. 
Ed.), 148, 
new section 
49A, added. 

Inspection of 
kerosene, etc. 



Chav. 182 -^N ^^'^ relative to the inspection of kerosene or any 

PRODUCT THEREOF KEPT FOR SALE FOR ILLUMINATING, 
HEATING OR COOKING PURPOSES. 

Be it enacted, etc., as follows. • 

Section 1. Chapter one hundred and forty-eight of the 
General Laws is hereby amended by inserting after section 
forty-nine, as appearing in the Tercentenary Edition, the 
following new section : — Section 49 A . Any kerosene, pe- 
troleum or any product thereof, kept for sale at wholesale 
or retail for illuminating, heating or cooking purposes, shall 
be subject to inspection by the department, and, for the 
purposes of inspection, samples shall be furnished on request 
of the department, or the department may enter any place 
where any kerosene, petroleum or any product thereof is 
kept for sale as aforesaid, or enter upon any vehicle used for 
the conveyance of any such substance, article or product, and 
take a sample thereof for the purpose of determining whether 
or not a violation of section forty-eight has occurred in re- 
spect to such substance, article or product thereof. The 
department may charge a fee not exceeding one dollar for 
each sample so inspected. 

Section 2. Section eighteen of said chapter one hundred 
and forty-eight, as so appearing, is hereby repealed. 

Approved April 27, 1934. 



Repeal. 



Chav. 183 ■'^N Act relative to the hunting or possession of hares 

OR RABBITS IN NANTUCKET AND DUKES COUNTIES. 



G. L. (Ter. 
Ed.), 131, 
§94, amended. 



Be it enacted, etc., as follows: 

Section ninety-four of chapter one hundred and thirty-one 
of the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out, in the third line, the 



Acts, 1934. — Chap. 184. 



225 



word "October" and inserting in place thereof the word: — 
November, — and by inserting after the word "county" in 
the fourth hne the words : — , or between November fifteenth 
and February fifteenth, both inclusive, in Dukes county, — so 
as to read as follows: — Section 94- No person, otherwise than as 
provided in section ninety-six, shall hunt or have in possession 
the carcass of a hare or rabbit, except between November 
twentieth and the last day of February, both inclusive, in 
Nantucket county, or between November fifteenth and 
February fifteenth, both inclusive, in Dukes county, or be- 
tween October twentieth and February fifteenth, both in- 
clusive, in any other county, or during such open seasons kill 
or have in possession the carcasses of more than two northern 
varying hares, otherwise known as Canada hares, snow-shoe 
rabbits or white rabbits, or more than five rabbits in any one 
day. This section shall not apply to European hares in the 
county of Berkshire, which may be taken or killed at any 
time. Approved April 27, 1934. 



Close season 
on hares, etc., 
in Nantucket 
and Dukes 

couTities. 



G. L. (Ter. 
Ed.), 94, 
§248, amended. 



An Act relative to selling or delivering or attempting Chap. 184 

TO SELL OR DELIVER COAL. 

Be it enacted, etc., as follows: 

Section two hundred and forty-eight of chapter ninety- 
four of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out, in the 
second and third fines, the words "except as otherwise" and 
inserting in place thereof the words: — if no other penalty 
is, — by inserting after the word "therein" in the third line 
the words : — , or of a rule or regulation made under section 
two hundred and thirty-nine A, — by inserting after the 
word "delivers" in the tenth line the words: — or attempts 
to sell or deliver, — by striking out, in said tenth line, the 
words "or measure", — and by inserting after the word 
"inclusive" in the sixteenth line the words: — , and rules 
and regulations made under section two hundred and thirty- 
nine A, — so as to read as follows: — Section 248. Whoever 
violates any provision of sections two hundred and forty to 
two hundred and forty-seven, inclusive, if no other penalty 
is provided therein, or of a rule or regulation made under 
section two hundred and thirty-nine A, or fails to comply 
with any request for information or direction made under 
authority of sections two hundred and forty, two hundred 
and forty-one, two hundred and forty-four to two hundred 
and forty-six, inclusive, or gives a false answer to any such 
request, shall be punished by a fine of not more than fifty 
dollars; and whoever is guilty of fraud or deceit as to the 
weighing, selling or delivering of coke, charcoal or coal, or 
whoever, by himself, or by his servant, agent or employee, 
sells or delivers or attempts to sell or deliver coal which is 
short in weight or which contains an unreasonable amount 
of shale, slate, rock or other foreign substance, shall be pun- 



Penalty for 
selling, etc., 
coal iu 
certain cases. 



226 Acts, 1934. — Chaps. 185, 186. 

ished by a fine of not more than one thousand dollars or by 
imprisonment for not more than one year, or both. The 
director of standards and local sealers of weights and meas- 
ures shall cause sections two hundred and forty to two hun- 
dred and forty-nine, inclusive, and rules and regulations 
made under section two hundred and thirty-nine A, to be 
enforced. Approved April 27, 1934. 

Chap. 185 An Act to provide further means of advertising by the 

CITY OF boston THAN IS NOW PROVIDED BY THE CITY 
RECORD. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and eighty-six of the 
acts of nineteen hundred and nine is hereby amended by 
striking out section twenty-nine and inserting in place 
thereof the following: — Section 29. Within ninety days 
after the passage of this act and thereafter there shall be 
published at least once a week and distributed and sold 
under the direction of the mayor and on terms to be fixed by 
the city council and approved by the mayor a paper to be 
known as the "City Record." All advertising with reference 
to the sale of property for non-payment of taxes shall appear 
exclusively in the City Record. All other advertising, whether 
required by law or not, with reference to the purchase or 
taking of land, contracts for work, materials or supplies, and 
the sale of bonds, shall appear in said paper, and in such 
newspaper or newspapers as the mayor, in his discretion, 
may order; a list of all contracts of one thousand dollars or 
more, as awarded, with the names of bidders, and the amount 
of the bids; appointments by the mayor; and changes in the 
number and compensation of employees in each department, 
shall be published in the City Record. Failure to publish in 
such newspaper or newspapers as the mayor may order shall 
not invalidate any purchase, contract or sale made or action 
taken by the city. The proceedings of the city council and 
school committee together with all communications from the 
mayor, shall be published in the City Record. 

Section 2. This act shall take effect upon its passage. 

Approved May 4, 1984. 

Chav 186 ^^ ^^^ providing for state aid for the extermination 
OF natural enemies of the shellfish in the coastal 

WATERS OF ESSEX COUNTY. 

Emergency Whci^eas, The deferred operation of this act would tend to 

preamble. ' ic iiiiii 

defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public health and convenience. 

Be it enacted, etc., as follows: 

Section 1. The division of fisheries and game of the de- 
partment of conservation is hereby authorized and directed 



Acts, 1934. — Chap. 187. 227 

to assist and co-operate, during the current year, with the 
coastal municipaHties of Essex county in the extermination 
of the natural enemies menacing the shellfish in the coastal 
waters and flats of said municipalities, and for said purposes 
said division may expend such sums, not exceeding, in the 
aggregate, five thousand dollars, as may hereafter be ap- 
propriated therefor. 

Section 2. The funds so appropriated shall be appor- 
tioned by said division among said municipalities in such 
amounts as will, in its opinion, effect the greatest measure of 
relief to the shellfish industry so menaced; provided, that no 
such funds shall be expended in any such municipality for 
the purpose of exterminating such enemies of the shellfish 
within its limits unless said municipality shall have first ap- 
propriated for said work an amount equal to at least one 
fourth of the total cost thereof as estimated by said division ; 
and provided, further, that any appropriation already made, 
or amounts expended, for such extermination within the cur- 
rent year by any such municipality shall be taken into ac- 
count in determining its right to state aid hereunder. 

Section 3. The work of exterminating such enemies of 
shellfish in municipaHties aided hereunder shall be done, and 
expenditures therefor shall be made, in such manner as said 
division may determine and in accordance with rules and 
regulations which said division shall make with respect 
thereto, which rules and regulations said division is hereby 
authorized to make and enforce. Approved May 4, 1934. 



An Act dissolving certain corporations. Chap. 187 

Whereas, It is necessary that certain delinquent and other Emergency 
corporations be dissolved in the current year, therefore this '"■''•''"^'^• 
act is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Such of the following named corporations as certain 
are not already legally dissolved are hereby dissolved, sub- fnggoWed.""^ 
ject to the provisions of sections fifty-one, fifty-two and fifty- 
six of chapter one hundred and fifty-five of the General 
Laws: — 

A. A. Brunell Company, Inc., A. A. Klauer Co., Inc., A & 
C Auto Parts Co., A and C Finance Company, A. & E. Pit- 
man Manufacturing Co., Inc., A & G Shoe Co. Inc., A and M 
Holding Corporation, A. & S. Libermans' Bakery, Incor- 
porated, A. B. Fotch, Incorporated, A. B. Reade Co., A. C. 
Gardner, Inc., The, A. D. Simpson Company, Inc., A. E. 
Blanchette Plumbing & Heating Company, A. F. Mcintosh 
Co., A. G. Bianchi Contracting Co., Inc., A. H. Lantz, Inc., 
A. H. Livingston & Son, Inc., A. Hacking Co., Inc., A. I. 
Meyer Corporation, A. J. Hooper Co. Inc., A. J. Steffens 
Company, A. K. McDaniel Company, A. L. Evans, Inc., 
A. Less & Company Incorporated, A. Lowenstein and Sons, 



228 Acts, 1934. — Chap. 187. 

Incorporated, A. M. Hawkes Company, The, A. M. Hume 
Company, A. M. Kotzen, Inc., A. M. Morton & Co., Inc., 
A. M. Simmons, Inc., A. Marnock & Co., Inc., A. R. Myers, 
Inc., A. R. Stanley Company, Inc., The, A. Rouleau & Co. 
Inc., A. Sandler, Inc., A. Shuman Inc., A T Oil Burner Co., 
A. T. Young, Inc., A. Thomas & Son, Inc., A. W. Clark Co., 
A. W. Higgins Inc., A. W. Stephens Manufacturing Co., 
A. W. Tedcastle Company, Abbott's Durable Luggage Shop, 
Inc., Abington Manufacturing Company, Inc., Abon Hotel 
Co., Inc., Abraham M. Laham Company, Ace Commercial 
Corporation, Ace Manufacturing Co., Acme Last Company, 
Incorporated, The, Acme Shoe Co. Inc., Acme Soda Foun- 
tain Co., Inc., Acton Drug Co., Adams & Osgood Steel Com- 
pany, Inc., Adams Cafeteria, Inc., Adams Cold Storage 
Warehouse Co., Inc., Adams Garage Inc., Adams Theatres 
Inc., Admor Shoe Company Inc., Advertising Associates, 
Inc., The, Aetna Clothing Mfg. Co. Inc., Aetna Marble Co., 
Inc., Affiliated Merchants Insolvency Investigation Bureau, 
Inc., Aga Auto Lamp Company, Inc., Agricultural National 
Corporation, Air-Control, Inc., Air-White Company, Al 
Benjamin Co., Inc., Albert J. Young Co., Albert White, In- 
corporated, Alden Motor Sales Co., Alden Park Cab Co., Inc., 
Alden Press, Alden Transportation Company, Inc., Alexan- 
der Hamilton Investment Corporation, Alfred Abboud & 
Company, Inc., Alfred M. Bell Company, Allard & Thomp- 
son, Inc., Allen & Ganshirt Inc., Allen, Doane & Co., Inc., 
Allen Hall Building, Inc., Allen Hall Company, Allen Tours, 
Inc., The, Allied Creditors Ass'n Inc., Almor Manufacturing 
Co., Alto Corporation, The, Alyce Abbott Shops Inc., Amal- 
gamated Shoe Corporation, Ambassador, Inc., The, Am- 
bassador Service Inc., Amber Cafe, Inc., American Adjust- 
ment Service, Inc., American Aerial Surveys, Inc., American 
Architectural Iron Works, American Autobody and Welding 
Works, Inc., The, American Clothing Company, American 
Commercial Corporation, American Drivurself System, Inc., 
American Dye House, Inc., American Flag Pole Co. Inc., 
American Fur Breeders Incorporated, American Galvanizing 
Corporation, American Hanby Corporation, American In- 
vestors Consolidated Corporation, American Key Record 
Company, American Leather Finish Company, American 
Mop Co. Inc., American Oxidaze Company, American Oxy- 
gen Gas Products Company, American Parlor Furniture 
Company, American Roofing & Sheet Metal Works, Ameri- 
can Store Fixture Co., American Theatre Company of 
Cliftondale, The, American Thrift Stores, Inc., American 
Titanium Products Company, Americana Properties, In- 
corporated, Amesbury Brass & Foundry Company, Ames- 
bury Lamp & Plating Company, Amesbury Products Com- 
pany, Ammaroc Trading Agency Inc., Amplifiers, Incorpo- 
rated, Anawan Dairy Co., Anderson Motor Company, Andes 
Heating Company, Andon Shoe Company, Andre Pierre Inc., 
Andre Shoe Co., Inc., Andrews, Tower and Lavalle Incor- 
porated, Angus Finlayson, Inc., Ann Pennington Hosiery 



Acts, 1934. — Chap. 187. 229 

Shops, Inc., Annex Inc., The, Anthracite Coal Burner Com- 
pany, Apex Market, Inc., The, Apex Store, Inc., Applejack 
Company of Massachusetts, Inc., Appliance Engineering 
Company, Appolo Shoe Company, Arabian Nights Inc., 
Arcade Sandwich Shoppe, Inc., Archer's Inc., Arco Clothes, 
Inc., Arctic Furriers, Inc., Arlington Auto-Motive School 
Inc., Arhngton Drug Company, Arlington Model Shop, Inc., 
Arlington Photo Service, Inc., Arlington Rubber Company, 
Arnold & Baker Motor Sales, Inc., Arnold & Winsor Com- 
pany, Aronette Dress Company, Inc., Arrington's Fish 
Market, Inc., Arrow Company, The, Art Stone Company, 
The, Arthur E. Steinert, Inc., Arthur F, Mulock Inc., Arthur 
Perry, Incorporated, Artisan Metal Products Co., Ashcroft 
Realty Company, Ashey Manufacturing Company, Ashoy- 
ton Knitting Company, Ashton's, Inc., Ashuelot Shoe Com- 
pany, Aspinwall Construction Co. Inc., Aspinwall Corpora- 
tion, Asplundh Tree Expert Co. of New England, Associated 
Architects Printing & Supply Co., Associated Business 
Counselors, Inc., Associated Drug Company, Inc., Associated 
Farmers' Exchanges, Incorporated, Associated Finance Cor- 
poration, Associated Investors of Springfield, Incorporated, 
Associated Products, Inc., Associated Securities Company, 
Associated Traders & Investors, Inc., Astoria Sea Grill, Inc., 
Asure Manufacturing Company, Inc., Athens Trading Cor- 
poration, Athol Bedding Company, Atlantic Chromium Com- 
pany, Atlantic Garage & Auto Body Co., Atlantic Holding 
Company, Atlantic Ice Cream Company, Atlantic Lunch, 
Inc., Atlantic Marine Company, Atlantic Minerals Corpora- 
tion, Atlantic Miniature Golf Course Company, Atlantic 
Motion Picture Service Company, Atlantic Motors, Inc., 
Atlantic Printing Company, Atlantic Radio & Marine Com- 
pany, Inc., Atlas Coal Co., Inc., Atlas Film Corporation, 
Atlas Garment Mfg. Co., Atlas Parlor Suite Manufacturing 
Company, Inc., Atwater Knitting Company, The, Auburn 
Sand & Gravel Co., Inc., Auburndale Florists, Inc., Aulen- 
back Tool Company, Aunt Lydia's Bakery Co., Inc., Austin 
Brothers Company, Austin's Diner Inc., Auto Electric 
Supply Co., Inc., Auto Exchange Agency, Inc., Automatic 
Candy Corporation, Automatic Heating Company of Fitch- 
burg, Automobile Repairers Association, Inc., Automotive 
Products Company, Aviation Corporation of New England, 
Aviation Sportswear, Inc., Avon Manufacturing Company, 
Incorporated, Avon Shoe Company, The, Axman-Weiss 
Shoe Co., Ayer & Williams, Inc., Ayer Automobile Company, 
Inc., Ayers Motor Sales Inc. 

B. &. G. Motor Transportation, Inc., B. & M. Construction 
Co., B-C Amusement Corporation, B. H. Smith Sales Co. 
Inc., B. J. Kaplan, Inc., Babbitt Co., Inc., The, Bacheller 
Paint Company, Bailey Meter Company, Baker Bros., Inc., 
Bakery Finance Corporation, Ballard Vale Mills Company, 
Baiter Shoe Company Inc., Bamacea Company, Banana 
Products Co. Inc., Bankers Mortgage Corporation of Wor- 
cester, Banner Cloak Corporation, Barbier's Woman's 



230 Acts, 1934. — Chap. 187. 

Shop, Inc., Barlow Company, The, Barnes Fljang Service, 
Inc., Barsanti Sea Grill, Inc., Bartlett Box & Lumber Co., 
Bartlett Varney & Company, Inc., Baum-Finnoff Company, 
Bay Shore Realty Company, Inc., I3ay State Adjustment Co., 
Bay State Bedding Company, Incorporated, Bay State 
Construction Company, Incorporated, Bay State Counter 
Company, The, Bay State Dairy Products Inc., Bay State 
Family Service Laundry, Inc., Bay State Hardware Company, 
Bay State Leather & Tanning Co., Bay State Market, Inc., 
Bay State Rug Company, Bay State Shipping Company, 
Beach Motors Corporation, Beach Tallow Company, Beach- 
fire Fagots, Incorporated, Beacon Accessories Corporation, 
Beacon Adjustment Company, Beacon Department Stores, 
Inc., Beacon Hill Hotel Co., Beacon Loan and Discount Co., 
Inc., Beacon Mercantile Agency, Inc., Beacon Motor Equip- 
ment Co. Inc., Beacon Thread Company, Beaconsfield 
Plumbing & Heating Company, Beahan Fuel Company, Inc., 
Beardmore, Inc., Beatty Construction Company, Beau 
Brummel, Inc., Beauty Shoe Co., Inc., Beaver Brook Grain 
Co., Beck-Shulman, Inc., Beckford & Lynch, Inc., Beck- 
with-Cummings Co., Beckwith Press, The, Bedford Knitting 
Company, Bedford Spinning Company, Beehive Depart- 
ment Stores, Inc., Bellevue Shade and Screen Co., Inc., 
BeUingham Men's Shop Inc., Belhngham Rabbitry, Inc., 
Bellware Products Company, Behiiont Dress Shop, Inc., The, 
Belmore Stores, Inc., Benjamin Goldstein, Incorporated, 
Benson Shoe Mfg. Co., Benz Kid Factory No. 2, Inc., Berg- 
man Bros., Inc., Berkshire Corporation, Berkshire Embossing 
and Finishing Co., The, Berkshire General Storage Company, 
Berkshire Limited Coach Company, Inc., Berkshire Motor 
Sales, Inc., Berman Furniture Company, Inc., Berman 
Realty, Inc., Bernard M. Wolf, Inc., Bernardston Co-opera- 
tive Farmers' Exchange, Bernhard Heating Corporation, 
Berstein & Fisher Construction Company, Betty Ames, Inc., 
Beverly Shoe Co., Beyahs Realty Co., Bianchi Cast Stone Co., 
Big Chief Corporation, Bigelow-Webb Nurseries, Inc., 
BilUngs Square Pharmacy, Inc., Binder Brothers, Inc., 
Binford Paper Box Company, Bion F. Reynolds Co., 
Birnie Realty Corporation, Blackstone Realty Corporation, 
Blaisdell Auto Sales Incorporated, Blaisdell-Kavy Co., 
Blake Manufacturing Company, Blandin Company, Blu-J 
Golf Ball Company, Blue Bird Taxi Service, Inc., Blue Boy 
Company, Inc., Blue Circle Sandwich Shops, Inc., Blue Cross 
Pillow Cleanser, Inc., The, Blue Diamond Materials Com- 
pany, Blue Gentian Shop Inc., Blue Hill Coal Co., Blue Hill 
Coal Corp., Bluebird Restaurant, Inc., Bobby McLean Co., 
Inc., Boland, Inc., Boles-Sawyer Sales Inc., Bond Shoe 
Corporation, Bonded Collection Company, Bordeaux Cafe- 
teria, Inc., Bosand Corporation, The, Bossom Laboratories 
Corporation, Boston Bay Fillet Company, Inc., Boston Cut 
Flower Co. Inc., Boston-Domestic Appliance Co., Boston 
Electric Supply Company, Inc., Boston Finance Company, 
Boston Laboratories Incorporated, Boston Little Women 



Acts, 1934. — Chap. 187. 231 

Dress Company, Inc., Boston Lumber Inspectors' Associa- 
tion, Inc., Boston Manufacturing Company, 1901, The, 
Boston Marine Basin, Inc., Boston Medical Engineers, Inc., 
Boston Motor Cab Company, Boston News Bureau Company, 
Boston Planographing Corp., Boston Puttee Spring Cover 
Company, Boston Scale & Machine Company, Boston Se- 
curities Corporation, Boston Silver Exchange, Inc., Boston 
Stitching and Plaiting Co., Boston Syndicates Inc., Boston 
Threemor Inc., Boston Yacht Sales, Inc., Boulevard Develop- 
ment Company, Bourbon Pipe Line Company, Bourque 
Construction Company, The, Bowditch & Clapp Company, 
Bowdoin Drug Co., Bowdoin Square Diner, Inc., The, 
Bowers Motor Sales Company, Bowser and Campbell, Inc., 
Box Office Attractions, Inc., Boyle-Davidson Company, 
Boylston Company, The, Boylston Development Co., 
Brackett, Griffin & Co. Inc.,Bradley-Goodrich Company, Inc., 
Braica Nash Inc., Brake People, Inc., The, Brass Shop, 
Incorporated, The, Brault Construction Company, Inc., 
Bresette Dye Vv'orks, Inc., Brewer Tire Stores, Inc., Brewster 
Bros., Inc., Brigham Drug Co., Bright Shoe Co. Inc., Brighton 
Kosher Meat Market, Inc., Bristol County Realty Company, 
Inc., British Leather Co., Inc., Broadway Haberdashers, Inc., 
Brobas Corporation, Brock Bros, of Melrose, Inc., Brockton 
Airport, Inc., Brockton Auto Sales Co., Brockton Narrow 
Fabric Company, Inc., Brockton National Company, Brock- 
ton Packing Company, Brockton Produce Company, Brock- 
ton Shoe Manufacturing Company, Inc., Brookline Boulevard 
Garage Company, Brookline Sea Grill, Inc., Brown & Cro- 
well. Inc., Brown-Gordon Co., Brown, Percy & Co., Inc., 
Brown Reflector (Inc.), Brownell-Mason Co., The, Browning- 
Drake Corporation, Brownridge Company, The, Brown's 
Lunch System, Inc., Brunswick Garage, Inc., Brunswick 
Hotel Co., Buchanan and Bolt Wire Company, Burbank- 
Feltham Company, Burdett Shoe Company, Burlingame 
Machine Companyj Burnham & Davis Lumber Company, 
Burnham Company, Inc., The, Burnham Construction 
Company, Burns-McKeon Co., Burrows Valve Shop, Inc., 
Burwick The Tailor Inc., Bus Terminal Garage, Incorporated, 
Bush and Witherspoon Company, Bussey Motor Sales, Inc. 
(1923), Butler Furniture Company, Inc. 

C & C Auto Renovating Co., C. & S. Construction Co., 
C. & S. Investment Corporation, C. B. and R. Laundry, Inc., 
C. B. Shoe Company, Inc., C. C. Henry Company, C. E. 
Bailey Company, The, C. E. Lawson, Inc., C. Freeman 
Olscn & Co., Incorporated, C. H. Playes Corporation, C. H. 
Trott Company, C. H. White Construction Company, C K 
& M Transportation Company, Inc., C. L. Cohen Mfg. Co., 
C. L. Rogers Inc., C. M. Evans Tire Company, C. M. Mer- 
rick & Co., Inc., C. 0. Deveau Machine Tool Co., Inc., C. O. 
Sweet & Son Company, C. P. Comerford Company, C. P. 
LeRoyer Paper Corporation, C. P. Spinale & Sons Inc., C. S. 
Axtell Company, C. S. Cunningham and Sons Construction 
Company, C. W, Newhouse Co., Inc., Cabin, Inc., The, Cafe 



232 Acts, 1934. — Chap. 187. 

Libia, Inc., Cafe Luna Inc., Callahan Dolan Company, Cam- 
bridge Nash Co., Inc., Cambridge Plate Glass Company Inc., 
Cameron Ave. Garage, Inc., Candy Box Co., Canedy Con- 
struction Company, Canobie Lake Amusement Co., Canter- 
bury Society, Inc., The, Canton Shoe Co., Cape Cod Bever- 
age Company, Inc., Cape Cod Camps, Inc., Cape Cod Lum- 
ber Company, Cape Cod Securities Company, Capeway 
Bakery Incorporated, Capital Motor Car Co., Capitol Motor 
Sales Inc., Carl H. Bolter, Incorporated, Carl Shoe Co. Inc., 
Carle T. Tucker, Inc., Carpenter & Carpenter, Inc., Casino 
Operating Company, Cast Stone Veneers Inc., Cathcart, 
Hallett & Goodwin Incorporated, Cave Welding and Manu- 
facturing Company, Centennial Grove, Inc., Centerbar 
Screen Co. Inc., Central Auto Sales, Inc., Central Beef Co. 
Inc., Central Cape Realty Corporation, Central Hudson 
Realty Corporation, Central Lunch, Inc., Central Shoe 
Machinery Corporation, Central Specialty Corporation, 
Central Tool & Machine Company, Inc., Centrifugal En- 
gineering Corporation, Century Dress, Inc., Certified Bed- 
ding, Inc., Certified Motor Rests, Inc., Chalet, Inc., Chalken 
Sales Company, Incorporated, Chambers-Chester Company, 
Champion Laboratories Incorporated, Champion Laundry, 
Inc., Chandler Shoe Company, Chapin Corporation, The, 
Chapman & Soden Inc., Chapman-Cox, Inc., Charette Inc., 
Chas. A. Mitchell, Inc., Charles D. Farnsworth, Inc., Charles 
E. Martin, Inc., Chas. F. Cross Co. Inc., Charles Goldberg, 
Incorporated, Charles J. Johnston, Jr., Inc., Charles Stretton 
and Son Company, Chas. Weiner and Sons, Inc., Charl's of 
Boston Inc., Chartomap Co. Inc., Chatham Fruit & Produce 
Co., Chatham Weir Company, Chaunceys' Inc., Checker, 
Inc., Chelsea tShoe Manufacturing Company, Chelsea Wood 
Heel, Inc., Cherry's Beauty Shoppe, Inc., Cheshire Lime 
Manufacturing Company, Chestershire Furniture Co. Inc., 
Chestnut Hill Associates, Inc., Chestnut Hill Sales Corpora- 
tion, Chez-Francine Et Cie, Incorporated, Chez Nous Inc., 
Chickering Case Co., Chicopee Industrial Company, Chis- 
holm Plumbing and Heating Company, Christie-Dunn, Inc., 
Cimarrones Fruit Company, Citizens Finance Corporation, 
City Baking Company, City Garage Inc., City Hall Garage, 
Inc., City Hardware Co., City Manufacturing Corporation, 
City Provision Company, Inc., City Service Food Stores, 
Inc., Clapp & Clapp, Inc., Clapp Garage Company, Clarke 
Sales Corporation, Clarke's Coffee Shop, Inc., Clayman- 
Fisher Shoe Co., Cleansers Service, Inc., Clear Top Card 
Table Co., Inc., Clearing House Parcel Delivery Company, 
Clemmer, Hoops & Norris, Inc., Clifford Shoe Co., Clifton 
Finance Corporation, Clifton Manufacturing Company, 
Clifton Market, Inc., Chnton Hall Hotel Company, Chnton 
Realty Corporation, Clover Hosiery Company, Coan Broth- 
ers Company, Coan Brothers, Incorporated, Coasters, Inc., 
Coated Fabrics Corporation, Cobb-Aldrich Company, Cock 
O'the Walk Shop of Wellesley, Inc., Cohen Textile and Com- 
mission Co. Inc., Colburn Florists, Inc., Colhns & Jenness, 



Acts, 1934. — Chap. 187. 233 

Inc., Collis Leather Co. Incorporated, The, Colonial Braided 
Rug Co., Colonial Broadcasting Company, Colonial Cafeteria 
of Brighton, Inc., Colonial Casinos Corporation, Colonial 
Curtains Inc., Colonial Mortgage Corporation, Colonial 
Motor Sales, Incorporated, Colonial of Haverhill Inc., The, 
Colonial Operating Co., Colonial Rabbit Products, Inc., 
Colonial Reed Furniture Corporation, Colonial Securities 
Corporation, Colony Inn Inc., Colpak-Vann Dress Corp., 
Colson Company of Massachusetts, The, Columbia Clothing 
Company, Inc., Columbia Counter Company, Columbia 
Japanning Company, Commercial Clearing House, Inc., 
Commercial Discount Company, Commercial Holding Cor- 
poration, Commercial Reed and Rattan Co. Inc., Commercial 
Travelers Magazine Publishing Company, Commonwealth 
Confectionery Co., Commonwealth Construction Company, 
Inc., Commonwealth Estates Inc., Commonwealth Finance 
Corporation, Commonwealth Fish Company, Common- 
wealth Marmon Company, Community Investment Cor- 
poration, Community IMarket, Inc., Community Realty 
Company, Commuter's Express, Inc., Conant Battery Serv- 
ice Company, Conclave Phonograph Company, Inc., Cone 
Casket Co., Inc., Congress Electric Fixture & Supply Co. 
Inc., Congress Hall, Inc., Connolly Motor Sales, Inc., Con- 
nolly Shoe Company, Inc., Conservation Company, Con- 
solidated Construction Co. Inc. of Massachusetts, Consoli- 
dated Laboratories, Inc., Consolidated Marble Works, Inc., 
Consolidated Realty Company, Consolidated Rubber Cor- 
poration, Consolidated Wool Stock Corporation, Consumers 
Lumber Company, Continental Adjustment Co., The, Con- 
tinental and Insular Corporation, Continental Building 
Supply Corporation, Continental Optical Case Company, 
Continental Undergarment Company, Converse Holding 
Company, Coogan Furniture Company, Incorporated, Cooley 
Dry Goods Store, Incorporated, The, Coolidge Corner 
Theatre Company, Coolidge Radio & Music Shops, Inc., 
Co-operative Farmers, Inc. of Williamstown, The, Copley 
Square Hotel Company, Copy-Graph Sales Co. of Boston, 
Corey Heights Battery Co., Inc., Corney & Bunten Co., 
Cornhill PubHshing Company, The, Corporation Registra- 
tion Company, Corporation Service Company, Inc., Cor- 
poration Trust & Guarantee Company, Corporation Trust & 
Organization Company, Corporation Trust & Registration 
Company, Correct Time Bureau, Incorporated, Cosmopoli- 
tan Musical Productions, Inc., Cosmopolitan Realty Com- 
pany, Counselors Management Corporation, Court Heel, 
Inc., Courtenay Crocker & Company, Inc., Cousin Leather 
Co., Inc., Cousin's, Inc., Coveville Realty Corporation, 
Cowan Shoe Company, Inc., Coyle Baking Company, 
CraigReed Shoe Company, Crane Hayes Company, Crawford 
Greenhouses, Inc., Crawford's, Inc. Furriers, Croft Brewing 
Company, Cronin Brothers Co., Inc., Croston Co., The, 
Crowley Lumber Co., Crowley Lunch Company, Croydon 
Shoe Company, Crystal Apparel Chain Shoppes Realty Co., 



234 Acts, 1934. — Chap. 187. 

Inc., Crystal Fells Corporation, Crystal Lake Ice Company, 
Crystal Oil Corporation, Crystal Sand & Gravel Co., Crystal 
Spring Ice Company, Cuerier Motor Sales, Inc., Cummings 
Bros. Inc., Cunningham Leather Company, Currant Truck- 
ing Co. Inc., Curtis Chase & Gate, Inc., Curtis Utihties Cor- 
poration, Custom Heel Company of Newburyport, Cutler & 
Brickman Inc., Cutler Bros. Inc., Gutting Die & Machine 
Co. of America Inc., The. 

D. & D. Beef Co., D. R. Feeney & Sons Motor Transpor- 
tation Co., D. S. McGrath, Inc., D. V. Construction Co., 
Dadmun Company, The, Dalton-Ingersoll Mfg. Company, 
Daly's Golden Rule Finance Go., Daly's Golden Rule Shoe 
Go. No. 2, Dana's Cafeteria, Inc., Daniel Duane Company, 
The, Daniels Provision Go. Inc., D'Antilio Marble Mosaic 
Company, Inc., Darcey Transportation Company of Massa- 
chusetts, The, Dartmouth Motors, Inc., Dartmouth Sales 
Corporation, Daschner's Auto-Magic Restaurant Company, 
David Gaplan Company, Davis-Watson Manufacturing 
Company, Day & Kravitz Beef Go., Day & Night Gorpora- 
tion. Day's Inc., Dean Chase Gompany, Dean-Smith Inc., 
D'eauville Restaurant, Inc., Dedham Finishing Gompany, 
Deer Gove Inn Corporation, Delicia Cake Kitchen Go. Inc., 
Delmonico Duck Inn, Inc., Demers Motor- Vehicle Company, 
Dempsey Auto Gompany, Inc., Dennett Leather Co., Derry 
Felt Mills, Inc., Detachable Bit Sales Corporation of New 
England, Devereux Hotel Gompany, Devon Mills, Inc., 
Dewey's, Inc., Diamond T Truck Sales Gompany of Boston, 
The, Dietetic Food and Supply Gompany, Inc., Dignity Shoe 
Company, Dillon Parcel Delivery Service Inc., Dimou Shoe 
Company, Inc., The, Direct Sash & Door Co., Diversified 
Equities, Inc., Dixon's Garage, Inc., Dockray Diners Inc., 
Dr. Rouse Pharmacal Gompany, Dr. Saklad Shoe Shops, Inc., 
Domestic Utilities, Incorporated, Donnelly Hudson-Essex, 
Inc., Dorchester Floor Covering Co., Doris Realty & Invest- 
ment Co., Dorothy Davenport, Inc., Doucet & Bezanson 
Inc., Downyflake Doughnut Shoppe, Inc., Drake & Hersey 
Co., Inc., Drake-Hersey Co., Driscol, Ghurch & Hall Gom- 
pany, Inc., DriscoU & Gompany, Inc., DriscoU Paper Go., 
Drury Securities Corporation, Dubar Sales Corporation, 
Duggan-Edwards, Incorporated, Duncan Rusk Corporation, 
Dundavis Mining Gompany, Dunker & Perkins Company, 
Durgin Shoe Gompany, Durkee Counter Co., Duro-Flex 
Products, Inc., Dustin Shoe & Leather Co. Inc., Dutra 
Motor Sales, Inc., Dutton Street Tire Shop Inc., Dutton's 
Roxbury Store Corporation, Dutton's Roxbury Store, Inc., 
Duval Sportswear Co., Dwight-Bridge Sts. Realty Go. 

E. A. CanaHzo and Gompany, Inc., E. A. Runnells Gom- 
pany, E and E Gompany, The, E. & R. Laundry Gompany of 
Worcester, The, E. E. Gray Company, E. E. Gray Corpora- 
tion, E. F. Caldwell Furniture Gompany, E. H. Glapp Rub- 
ber Products Gompany, E. J. Blinn Construction Co. Inc., 
E. J. Whitcomb Company of Massachusetts, Inc., E. L. 
Shaw Bus Gompany, Incorporated, The, E. R. Boyle, Inc., 



Acts, 1934. — Chap. 187. 235 

E. S. Tolmie & Company, Inc., E. W. Conway, Inc., E. W. 
Michalek & Sons, Inc., E. W. Russell Company, E. Wasser- 
man Company, Eagle Parlor Furniture Co., Eames and 
Priest, Incorporated, Easi-Day Laundry Company, East 
Boston Loan and Investment Company, Inc., East Braintree 
Bleachery & Dye Works, Inc., East Milton Taxi Co., East 
Woburn Tanning Company, Eastern A. C. Products Com- 
pany, Inc., Eastern Air Union, Inc., Eastern Automobile 
Association, Incorporated, Eastern Dress Inc., Eastern 
Fields Petroleum Company, Eastern Film Corporation, 
Eastern Fuel Company, Inc., Eastern Hatchery, Inc., The, 
Eastern Motor Lines, Inc., Eastern Power Corporation, 
Eastern Shank Co., Inc., Eastern Smelting & Refining Co., 
Eastern States Company, Eaton Sales Company, Eaton- 
Snell Drug Co., The, Eddie's Market, Inc., Eddie's Shoe Sys- 
tem, Inc., Eddy's, Incorporated, Edgewood Estates, Inc., 
Edith W. Lincoln Corporation, Edson Manufacturing Corpo- 
ration, P^dward Harrington & Co. Inc., Edward J. O'Neill, 
Inc., Edward M. Peters Inc., Edward R. Hall, Inc., Edward 
Sharp & Son, Inc., Edwards Shoe Co., Inc., Edwin Clapp 
Shops Incorporated, The, Edwin Clapp Stores of Portland, 
Inc., The, Edwin Clapp Stores of Seattle, Inc., The, Effan- 
dare Corporation, The, Eisenberg Construction Co., Elder 
Brothers Inc., Electric Apphance Company of Westfield, 
Mass., Electric Billboard Corporation, Electric Boiler Cor- 
poration, Electric Device Company, The, Electric Outlet 
Company, Inc., Electric Products Company, Electric Steel 
Castings Company, Electric Time Co., Electric Vehicle 
Company, Inc., Electric Welding Company of Boston, Inc., 
The, Electrical Equipment Purchasing Co. of Massachusetts, 
Electro-Steam Radiator Corporation, Elektra Steem Heating 
Corporation, Eliot-Stuart Service Station, Inc., Ellco Paint 
& Supply Co., ELm Street Professional Building, Inc., Elm- 
court, Inc., Ehnwood Farm, Inc., Embassy Pubhc Market, 
Inc., Emerson & Morrell, Inc., Emerson-El wood Co., Emery 
Laundry System, Inc., The, Emfree Manufacturing Co., 
Emil Weissbrod & Sons, Incorporated, Emile R. Poirier 
Company, Empire Delicatessen Company, The, Empire Out- 
let Stores, Inc., Empire Sign Mfg. Co., Inc., Empire Theatre 
Co, of New Bedford, The, Employees Home Mortgage Com- 
pany, Engel Ar Products Inc., English Leather Company, 
Enterprise Department Stores, Inc., Enterprise Dry Goods 
Company, Enterprise Investment Company, The, Entertain- 
ment Publications Corporation of New England, Epstein 
Shoe Company, Esmond Homes Association, Inc., Essex 
Hotel Company, Essex Provision Co., Inc., Essex Realty 
Company, Essex Trap Rock and Construction Company, 
Essex Woodworking Company, Eugene Barry & Sons, Inc., 
Eureka Laundry Company, Eureka Upholstering Company, 
European Linen Stores, Inc., Evenson Furniture Company, 
Ever Ready Electrical Supply Co., Everett Bag Company, 
The, Everett Baking Co., Inc., Everett Department Stores, 
Inc., Everett E. Dickey, Inc., Everett Square Billiard Parlor, 



236 Acts, 1934. — Chap. 187. 

Inc., Everett Square Pharmacy, Inc., Everett Trust Building 
Corporation, Everpure Ice Manufacturing Company, The, 
Everybody's Fruit and Vegetable Market, Inc., Excelsior 
Investment Company, Exchange Diner Incorporated, Ex- 
change Diner of Norwood Incorporated, Exchange Realty 
Trust Inc., Explosive Engineering, Incorporated. 

F. & G. Investment Co., F. C. Hersee Company, F. D. 
Woodbridge Company, F. E. Adams Company, Inc., F. E. 
Harwood, Inc., F. E. Houghton, Inc., F. E. Leverone & Co. 
Inc., F. F. & F. O. Shepardson, Inc., F. L. George Company, 
F. L. George, Incorporated, F. L. Moore & Co., Inc., F. N. 
Brigham Co. Inc., F. T. Dowst Co., Inc., F. W. Bartlett Shoe 
Co., Factor & Finer Inc., Factory Hollow Mills, Inc., Fair- 
mont Realty Corporation, Falkson's Inc., Fall River Football 
Club, Inc., Fall River Motor Car Co., Fall River Sales & 
Service, Inc., Falvey Paint Co., Inc., Family Shoe Store Inc., 
Famous Stores Corporation, Faneuil Cummings Clothing 
Company, Inc., Farmington Wood Heel Co., Farnhill In- 
corporated, Farr Shops, Inc., The, Farrington's Funeral 
Home, Inc., Farrs, Inc., Farwell Sportswear Inc., Fashion $5. 
Bootery, Inc., Fay-Barry Realty Company, Faye & 
MacCaffray,Inc.,Feculose Company of America, The, Federal 
Coffee Co., Federal Construction Co., Federal Contracting 
Company, Inc., Federal Electric Company, Federal Engi- 
neering Co., Federal Industrial Electrical Co., Inc., Federal 
Iron Works Inc., The, Federal Jobbing Company, Federal 
National Investment Trust Inc., Federal Protective Services, 
Inc., Federal Sign System (Electric) of Massachusetts Inc., 
Feinberg Hat Manufacturing Co. Inc., Feinstone-Moakler 
Co., Feller's Inc., Fellman Knitwear Corp., Fellows Hardware 
Company, Fens Realty Company, Fenway Costume Com- 
pany, Fenway Hat Works, Inc., Fenway House, Inc., Fergu- 
son-Davis Shoe Company, Fern Shoe Co., The, Ferreira & 
Sons Inc., Ferri's Foods Inc., Fidelity Security Company, 
Fidler's Inc., Fields Chain Stores, Incorporated, Fields 
Corner Lunch, Inc., Filling Stations Incorporated, Filling 
Stations Securities Corporation, Filmagraph Corporation, 
Financial Research, Inc., Finberg Bros., Inc., Finestone- 
Hahn Company, Finkelstein's, Inc., Fink's, Inc., Fire Detec- 
tor Sales Co. of Massachusetts, Fireloss Reconstruction Co., 
Firesides, Inc., Firestone Boremco Service Stores, Inc., Fire- 
stone Service Stores, Inc. of Attleboro, Firestone Service 
Stores, Inc. of Waltham, Firestone Service Stores, Inc. of 
Worcester, Firestone Tire Stores, Inc. of Fitchburg, Firglade 
Realty Trust, Inc., First Mortgage Company, First National 
Adjustment Service, Inc., First National Company of New 
Bedford, First National Sandwich Shops, Incorporated, First 
of Boston Investment Management Corporation, Fisk Tire 
Fabric Company, The, Fiske & Company, Incorporated, Fit 
& Wear Company, Fitch-Bryant Incorporated, Fitchburg 
Horn Goods Company, The, Fitch's, Incorporated, Fitz- 
Crittenden Company, Fitzgerald, Inc., Fitzgerald Manufac- 
turing Company Inc., Five Associates, Incorporated, Flagg 



Acts, 1934. — Chap. 187. 237 

Manufacturing Company, The, Fleischer Brothers, Inc., 
Fletcher & Company Ltd., Floral Art Company, Inc., 
Florence Granite Co., Inc., Florence Lubricating Co., 
Florence Realty Co., Inc., Flower Outlet, Inc., Floyd Lunch 
Corporation, Foot Joy Stores, Inc., of Detroit, Michigan, 
Forbush Shoe Company, The, Fort Hill Machine Company, 
Fort Hill Storage & Trucking Co., Inc., Fortune Candy Com- 
pany, The, Foster & Foster, Inc., Foundation & Construction 
Company, Frame & Axle Alignment Company of New Eng- 
land, Framingham Flying Service, Inc., Framingham Nur- 
series, Incorporated, Frances Specialty Shop, Inc., Francis C. 
Gagnier, Inc., Frank B. Connor, Inc., Frank E. Cassidy, Inc., 
Frank E. Woodward Company, Frank J. Barrett, Inc., 
Frank L. Dunlap Company, Frank M. Gannon, Inc., Frank 
Murphy Inc., Frank Seretto & Sons, Inc., Frankini Bros. Co. 
Inc., Franklin Diamond Co. (1920), Franklin Loan Company, 
Franklin Park Lumber Company, Franklin Press of Boston, 
Inc., Frascati-Kenmore, Inc., Frazier Sales and Manufactur- 
ing Co., Inc., Fred Gillespie Lumber Company, The, Fred 
M. Page Company, Inc., Fred S. Brennan Co., Frederick C. 
Russell, Inc., Freeman-Jackson Company, Freeman Novelty 
Dress Co., Freezerite Corporation, Fremont Corporation, 
The, French & Field, Inc., French, Shriner & Urner, Inc., 
Friedman- Lerner Company, Frohock's Garage, Inc., Froomer 
& Elkin, Inc., Fuller & Sullivan Company, Fulton Market 
Inc., The, Furniture Manufacturer's Outlet, Inc., Furniture 
Showrooms, Inc., Furniture Warehouse Outlet, Inc. 

G. E. M. Equipment Corporation, G-E-M Mfg. Co., 
G. H. Morse, Inc., G. M. G. Mica Co., G. M. Goldsmith Co., 
G. M. Wethern Company, G. W. Herrick Shoe Co., Galbo 
Food Products, Inc., Garden Cafeteria Inc., Garden City 
Company, Garden Golf Club, Inc., Gardner & Heath, Inc., 
Gardner & Kneen Hardware Company, Incorporated, 
Gardner Automobile Company, Gardner Realty Company, 
Gas Heaters Corporation, GaskeU Company, The, Gay 
Farm Corporation, Gay Street Trust, Inc., Gekco Company 
of Baltimore, The, Gekco Company of Cleveland, The, 
Gekco Company of Colorado, The, Gekco Company of Dallas, 
The, Gekco Company of Gary, The, Gekco Company of 
Jacksonville, The, Gekco Company of Louisville, The, 
Gekco Company of Pittsburgh, The, Gekco Company of 
Portland, The, Gekco Company of Providence, The, Gekco 
Company of San Antonio, The, Gekco Company of Spokane, 
The, Gekco Company of Topeka, The, Gekco Company of 
Worcester, The, Gendron Shoe Stores, Inc., General Amplifier 
Company, General Chemical and Solvents Corporation, 
General Contractors, Inc., General Credit Corporation, 
General Exchange Corporation of Massachusetts, General 
Furniture Company, General Heel Corporation, General 
Industries Corporation, General Insurance Agency, Inc., 
General Metal Products Corporation, General Moulded 
Composition Company, General Petroleum Corporation, 
General Silk Dyeing Company, General Tire Co., The, 



238 Acts, 1934. — Chap. 187. 

General Utilities Co., Inc., General X-Ray Company of 
Michigan, Geneva Motor Mart Inc., Geo. A. Fales Co., Inc., 
George A. Haynes, Incorporated, Geo. A. Methe Co., Inc., 
George A. Pease Company, Inc., George Boiko and Company, 
Inc., Geo. E. Damon Company, George F. Welch Company, 
The, Geo. H. Johnson Company, George H. Lincoln Com- 
pany, George J. Barker Lmnber Company (1925), George 
Kimball & Son, Inc., Geo. L. Griffin & Son, Inc., George M. 
Mansfield Corporation, George Nelson Jacobs Associates, 
Inc., Geo. O. Lloyd, Inc., George R. Ford, Inc., George Will- 
comb Company, George's Automotive & Radio Co. Inc., 
Gerard La Centra & Co. Inc., Gerber Realty Corporation, 
Gess Tire and Radio Company, Incorporated, Gettens 
Electrical Company, Inc., Gile Engine Company, Gill Rug 
Company, Ciller's Quality Market Co., Gillette Safety Razor 
Company, Gillis Inc., Gilt Edge Warehouse Company, 
Gleason Bros. Inc., Gleekman's Inc., Glenoil Company, The, 
Glenville Drug Co., Glenway Realty Company, Globe Cloth- 
iers, Inc., Globe Wholesale Grocery Company, Gloss Com- 
pany, Gloucester Cafeteria, Inc., Gloucester Yacht Yard 
Inc., Golden Rule Company, The, Golden Rule Market, Inc., 
Goldfine Investment Trust, Inc., Good Construction Co., 
Good Service Beef Co., Inc., The, Good Will Dairy, Inc., 
Goode Co. Inc., The, Goodman Bros. Inc., Goodman En- 
graving Company, Inc., Goodnow- Pearson-Bishop Co., 
Goodnow-Pearson-Hudson Co. Inc., Goodroff- Young Com- 
pany, Inc., Gordon-Marshall Company, The, Gordon's Inc., 
Goulet Food Products, Inc., Gove Brothers Inc., Graham's 
Curtain Shop Inc., Granby Manufacturing Company, Inc., 
Grand Amusement Co., Grand Rapids Storage & Warehouse, 
Inc., Granite Mills, Granite State Coal Co., Granite Theatres, 
Inc., Grant McDonald Incorporated, Gravitite Corporation, 
Gray-Aldrich Company, Inc., Gray Shoe Mfg. Co., Inc., The, 
Graybern Ground Gripper Stores, Inc., Great Eastern 
Investment Trust, Inc., Green & Gladwin, Inc., Green Bros. 
Coal & Wood Co., Green, Hamilton & Co., Inc., Green 
Mountain Oil Burner Company, Greenberg-Priven Meat 
Market Inc., Greene Brothers Company, Greene-Cherry 
Realty Company, Gregory, Inc., Grey Gull Records, Inc., 
Griffin Inc., Griffin-Jordan, Incorporated, Griffith Drug 
Company, Grinnell Products Sales Corporation, Grocers 
Purchasing Exchange, Inc., The, Groll-Wenger Bakeries Inc., 
Groves Allerton Garage, Inc., Guaranty Construction Co., 
Inc., Guaranty Distributing Company, Guetti Manufactur- 
ing Corporation, Guild's Florist Co., Inc., Gurley's, Inc., 
Gus Sonnenberg, Inc., Guy Furniture Co. 

H. A. Banash & Son, Inc., H. Bass & Son, Inc., H, C. A. 
Motor Car Company, H. Chabby & Co. Inc., H. E. Lind- 
bladh Company, H. H. Dyke Lumber Company, H. Hirsh- 
berg. Inc., H. J. Allen Company, H. J. Maguire Company, 
Incorporated, H. J. Rome Co., H. K. Draper and Company, 
Inc., H. L. Gale Company, Inc., H. M. Hillson Company, 
H. R. Crane Company, H. Rubin Construction Co., H. W. 



Acts, 1934. — Chap. 187. 239 

Peters Co. Inc., H. W. Spellman, Inc., Haigh & Haigh, Inc., 
Haines & Foster, Inc., Haley Electrical Appliance Co., 
Haley's Public Market, Inc.,Halperin Distributing Company, 
Hamilton Investment Corporation, Hampden Company, The, 
Hampden Fuelite Gas, Inc., Hampden Woolen Company, 
The, Hampshire Motor Co. Inc., Hampshire Silver Black 
Fox Company, The, Hand-Spun Chocolates, Inc., Hanover 
Realty Corporation, Happy Junior Candy Company, Harding 
& Danforth, Inc., Hardinge Oil Burner Corporation, Hardy 
Catering Co. Inc., Hargraves Mills, Harlow Bros., Inc., 
Harlow Candies, Inc., Harner Oil Co., Inc., Harold Hawes, 
Inc., Harold I. Black Corporation, Harper Knife Company, 
Harriet New, Inc., Harris Gordon, Inc., Harry C. Rix Coal 
Co., Harry R. Wheeler, Inc., Harry Salzman, Inc., Harry W. 
Dickey, Inc., Harry's Luncheon Inc., Harry's Service Sta- 
tion, Inc., Hartman Realty Co., Hart's Bakeries, Inc., 
Harvard Business Service, Inc., Harvard Furniture Co. Inc., 
Harvard Label Co., Harvard Rand Company, Harvard Trust 
Investors' Service, Incorporated, The, Harvey Tire and 
Rubber Co., Inc., Harvey-Westall, Inc., Harvey's, Inc., 
Haseltine-Freedlender Corporation, Hatfield-Bowl Realty 
Corporation, Havelock Investment Co., Haverhill Products 
Company, Haverhill Tom Thumb Golf Course, Inc., Haw- 
kins MacPherson Corporation, Hawley Corporation, Haw- 
thorne Cafe of Chelsea, Inc., Hawthorne Court Apartments, 
Inc., Hawthorne Lunch, Inc. of Brookline, Hawthorne 
Realty Corp., Hazen-Brown Company, Health Club of Bos- 
ton, Inc., Helburn & Moran, Inc., Helen Shoe Co., Hehotype 
Co., The, Hellenic Restaurants, Inc., Helpern, Inc., Hender- 
son & Company, Incorporated, Henderson Bros'., Co., The, 
Henes Market Inc., Henry Burg Fur Manufacturing Co. Inc., 
Henry Chanin Corporation, Henry Finch Engraving Com- 
pany, The, Henry J. Perkins Company, Henry Knott Asso- 
ciates, Incorporated, The, Hen wood & Jackson, Inc., Her- 
bert Co., Inc., Herbert E. Gutterson Company, Herbert 
Gallagher, Inc., Herbert H. Lyons, Inc., Llerbert N. Ridgway 
Inc., Herbst Jewelry Company, Inc., Herman Realty Cor- 
poration, Hersey Associates, Incorporated, Hi-Hatters, Inc., 
Hickey-Shea Laundry Co., High Grade Window Shade Co., 
Highland Construction Company, Highland Investment 
Corporation, Highlands Realty Company, Hilda Lee, Inc., 
Hill & Hill, Inc., Hill Clothes Dryer Company, Inc., Hill Inn 
Company, Hill-Regan, Inc., Hillcrest Realty Co. Inc., 
HilUard-Malcolm Shoe Co., Hills Company, Hinckley Coal 
Company, Hirshberg Furniture Company, Hirshon Drug 
Company, Inc., Hodgdon Chevrolet Company, Hodges & 
Company, Inc., Hoffman Art Stores, Inc., Holbrook Housing 
Corporation, Hollis Street Coffee House, Inc., HolHston Trap 
Rock Company, Hollywood Inn, Inc., Hollywood Skirt Mfg. 
Co., Inc., The, Holmes, Arnold & Stephenson, Inc., Holsberg 
Dress Co. Inc., Holyoke Amusement Co., Inc., Holyoke Blue 
Cab Co. Inc., Holyoke Nash Company Incorporated, Home 
Apphance Company, Inc., Home Credit Co. Inc., Home Heat 



240 Acts, 1934. — Chap. 187. 

and Appliance Company, Inc., Home Modern Bakery Inc., 
Home Utilities Corporation, Home Utility Sales Corporation, 
Homehill Inc., Homer Oil Burner Corporation, Homer's 
Inc. (1931), Homiat Corporation, Horle Paper Box Co., 
Horton & Morgan, Inc., Hotel Lenox, Inc., of Lynn, Hotel 
Preston Company, Houghton-Gronberg, Inc., Household 
Necessities Inc., Howard Brothers, Incorporated, Howard E. 
Butler Inc., Howard F. Pool Company, Howard S. Graves & 
Company, Inc., Howard Shoe Co., Inc., Howe-Spaulding 
Company, Hub Furniture Company, Inc., The, Hub Net 
Company, Flub Plate and Window Glass Co. Inc., Hub 
Pleating Co., Hub Poultry & Egg Company, Hubert's 
Ready-Split Roll Corporation, Hudson Fur Company, 
Incorporated, of Holyoke, Mass., Hudson Motor Company of 
Lawrence, Hudson Printing Company, Hudson Printing Co., 
Inc., Hudson Tobacco Company, Hugh Robinson Associates, 
Inc., Hughes Motor Company, Hull & Company Inc., 
Humboldt Kosher Meat Market, Inc., Hy-Grade Restaurant 
Inc., Hyde Park Holding Company, Hyde Park Motors, Inc., 
Hygienic Fibre Company, Incorporated. 

I. J. Goodhue, Inc., Ideal Amusement Co., Ideal Cash 
Market, Inc., Ideal Ice Cream Company, Ideal Metal Prod- 
ucts, Inc., Ideal Neckwear Corporation, The, Idle Hour Inc., 
The, Imperial Manufacturing Company, Imperial Radio 
Company, Improved Property Holding Company, Income 
Properties Incorporated, Independent Optical Company, 
Indian Company, Indian Head Land Company, Indian Sales 
Corporation, Industrial & Research Laboratories, Inc., 
Industrial Bankers of Attleboro, Inc., Industrial Bankers of 
Beverly, Inc., Industrial Bankers of Boston, Inc., Industrial 
Bankers of Brockton, Inc., Industrial Bankers of Brookline, 
Inc., Industrial Bankers of Cambridge, Inc., Industrial 
Bankers of Cambridgeport, Inc., Industrial Bankers of 
Chelsea, Inc., Industrial Bankers of Chicopee, Inc., Industrial 
Bankers of Dedham, Inc., Industrial Bankers of Everett, Inc., 
Industrial Bankers of Fall River, Inc., Industrial Bankers of 
Fitchburg, Inc., Industrial Bankers of Framingham, Inc., 
Industrial Bankers of Gloucester, Inc., Industrial Bankers of 
Greenfield, Inc., Industrial Bankers of Haverhill, Inc., 
Industrial Bankers of Lawrence, Inc., Industrial Bankers of 
Leominster, Inc., Industrial Bankers of Lowell, Inc., Indus- 
trial Bankers of Maiden, Inc., Industrial Bankers of Marl- 
boro, Inc., Industrial Bankers of Medford, Inc., Industrial 
Bankers of Milford, Inc., Industrial Bankers of Natick, Inc., 
Industrial Bankers of New Bedford, Inc., Industrial Bankers 
of Newburyport, Inc., Industrial Bankers of Newton, Inc., 
Industrial Bankers of North Adams, Inc., Industrial Bankers 
of Northampton, Inc., Industrial Bankers of Peabody, Inc., 
Industrial Bankers of Pittsfield, Inc., Industrial Bankers of 
Plymouth, Inc., Industrial Bankers of Quincy, Inc., Indus- 
trial Bankers of Roslindale, Inc., Industrial Bankers of Salem, 
Inc., Industrial Bankers of Taunton, Inc., Industrial Bankers 
of Waltham, Inc., Industrial Bankers of Webster, Inc., 



Acts, 1934. — Chap. 187. 241 

Industrial Bankers of Woburn, Inc., Industrial Bankers of 
Worcester County, Inc., Industrial Bankers of Worcester, Inc., 
Industrial Drives, Inc., Industrial Film Service, Inc., In- 
surance Service Corporation of New England, International 
Acceptance Corporation, International Merchandising & 
Trading Co., International Sporting Goods Corporation, 
International Wire Products Company, Interstate Airways 
Inc., Interstate Highway Construction Corporation, Inter- 
state Motor Coach Corp. of Attleboro, Investment Corpora- 
tion, The, Investment Trust Securities Corporation, Ironide 
Foundry, Inc., The, Isaac A. McLean Company, The, 
Israel Gold, Incorporated, Itahan Master Bakers' Associa- 
tion, Inc., Italo Realty, Inc. 

J. A. Sullivan Company, Inc., J. & K. Lunch Sj^stem, Inc., 
J. & L. Construction Co. Inc., J. Andrews Co., J. B. Nye & 
Sons, Inc., J. B. Silverman Co., J. C. Brady, Inc., J. C. 
Metcalf Machinery Company, J. C. Shepherd Meat & Gro- 
cery Company, J. Douglas Law Company, J. E. Ballentine & 
Sons, Inc., J. E. Gendron Company, J. H. Kennedy & Son 
Inc., J. H. Sparks Company, J. J. Byrnes Inc., J. J. Coppinger 
Co. Inc., J. J. Gallagher Construction Co., J. J. McCarty 
Plumbing Co., J. Lepovetsky, Inc., J. M. Durkee Coal Com- 
pany, J. Mannos & Sons, Inc., J. O. Neill Hardware Co., 
J. R. Richards Company, J. T. & L. Grundy Company, 
J. W. Harding Company, J. W. Pickering & Co., Inc., Jackson 
Manufacturing Corporation, Jackson Motor Company, Inc., 
Jacksonville Traction Company, Jacobs Health Bread Co., 
Inc., The, Jacobson Tire Co., Inc., Jacrim Manufacturing 
Company, Jamaica Co. Inc., Jamaica Construction Company, 
Jamaica Plain Furniture Company Inc., Jamaica Pond 
Garage Company, James B. Replogle Laboratories, Inc., 
James Daniels Corporation, James Field, Incorporated, 
James H. McElroy Company, James H. Robinson & Sons, 
Inc., Jarvis Field House, Inc., Jason's Co., Jeanne Simons, 
Inc., Jewish Ledger Publishing Co., Jewish Workers' Co- 
operative Association of Springfield, Mass., Inc., Joart 
Chemical Corporation, Jodoin's Ice Cream, Inc., Joe's Auto 
Service, Inc., Joe's Shoe Store, Inc., John A. Farnum, Inc., 
John B. Emerson Company, John Daniels' Market, Inc., 
John F. Hannon & Sons, Inc., John G. Connolly Co., John 
H. Bickford & Son Corporation, John I. Wolf, Inc., John J. 
Flynn Company, John J. Kingsley, Inc., John J. Shine, Inc., 
John Kelly Company Inc., John L. Warner Corporation, 
John Paulding Meade Company, John R. Ainsley Co., 
John R. Lankenau Company, John R. Neal Company, John 
V. Mattos Shoe Company, John W. Duff Inc., John W. Kane 
& Company, Inc., Johnson Automobile Corporation, Jones & 
Jones, Inc., Jones Chandler Inc., Jones, Peterson and New- 
hall Company, Jordan Motor Service Inc., Joseph Battel, 
Inc., Joseph I. Melanson & Sons Corporation, Joseph J. 
Kelley & Son Company, Incorporated, Joseph Marder Shoe 
Stores Inc., Joseph S. Tuch, Inc., Josiah Cummings & S. S, 
Miller & Son, Inc., Julian S. Jacobs Company, Just Right 
Cleansers & Dyers, Inc., Juvenile Dress Corporation. 



Acts, 1934. — Chap. 187. 

K & G Meat Markets, Inc., K & S Motor Car Company, 
Inc., K. M. F. Corporation, Kane-Bliss Company, The, 
Kane Furniture & Carpet Co., Kaplan & Deschamps, Inc., 
Kap's Mens Shop, Inc., Kashian Shoe Co., Inc., Katz Radio 
Service Inc., Kaufman & Oilman, Inc., Kayrock Roofing 
Corporation, The, Ke-Bond Company, Incorporated, Kean- 
Advertising Inc., Keegan Leather Company, Keith Shoe 
Company, Keller Leather Co., Kelley Company, The, 
Kelley-Crowshaw Co., Ken-Childs Incorporated, Kenbill, 
Inc., Kenmore Dental Laboratory, Inc., Kenmore Dormi- 
tory, Inc., Kenmore Fruit Inc., Kenneth G. Flanders, In- 
corporated, Kenneth P. Palmer & Co. Inc., Kenton Mfg. 
Co., Inc., Kent's Factory Shoe and Hat Repairers, Inc., 
Kenwood Printing Company, Keystone Advertising Cor- 
poration of Massachusetts, Kibbe Brothers Company of 
Albany, The, Kidde Patent Leather Co., Inc., Kidder Com- 
pany of Lowell, The, Kidder Participations Incorporated, 
Kidder Participations Incorporated No. 2, Kidder Partici- 
pations Incorporated No. 3, Kidder Peabody Acceptance 
Corporation, The, Kinderhook Knitted Cap Company, 
King Philip Apple Store, Inc., King Realty Corporation, 
King Shoe Company, Kingston Manufacturing Co., Kins- 
man, Crane & Co., Inc., Kirk & Company, Inc., Klauer Bros. 
Contracting Co., Kleberg & Company, Inc., Kleenrite 
Manufacturing Company, Incorporated, Klomer Stores, Inc., 
The, Knapp Corset Shop, Inc., Knight Chevrolet Corporation, 
Knights-Allen Co., Krentzman Bros. Coal Company, Kugell 
Lumber & Development Co., The. 

L. & S. Garment Co., L. B. Goodspeed Company Inc., 
L. C. Fisher Company, L. E. Klotz Company, L. J. Mutty 
Company, Inc., L. Karolkevicz & Son, Incorporated, L. L. 
Southwick Lumber Co., L. Max, Jr., Inc., L-W Glare Shield 
Company, LaCroix Manufacturing Company, Inc., La 
Merveilleuse Corporation of Massachusetts, LaSalle Cafe- 
teria, Inc., La Tosca Restaurant Inc., Laboratory Associates 
Inc., Lafayette Master Service Stations, Inc., Lakeside Cor- 
poration, The, Lamson and Sanders, Inc., Lane Shoe Co., 
Lane Shoe Corporation, Langlais Grocery Co., Inc., Laskey 
Commercial College, Incorporated, Lastex Chemical Com- 
pany, Latex Products, Inc., Laurel Lake Mills, Lawrence 
Durborow Incorporated, Lawrence E. Donovan Company, 
Inc., Lawrence Machine and Pump Company, Lawrence N. 
Barry, Inc., Lawrence Press, Inc., Layton & Company, Inc., 
Le Roy A. Dunn Inc., LeRoyer-Macfarlane Paper Corpora- 
tion, Leadmold Corporation, Leavitt Real Estate Company, 
Lebros Manufacturing Company, Incorporated, Lee Stand- 
ish Galleries Inc., Legion Parkway Realty Corporation, 
Leibowitz Bakery, Inc., Lenox Hardware Company, Inc., 
Leo Pockwitz Co., Inc., Leominster Shoe Company (Inc.), 
Leonard, Shaw & Dean, Inc., Leon's, Inc., Lerman Shoe 
Stores Company, Lesser-Baldwin Company, Inc., Levenson 
Coat Mfg. Co. Inc., Levins Shoe Co., Lewis & Thomas, Inc., 
Lewis Laboratories, Inc., Lexington Chemical Co., Lexing- 



Acts, 1934. — Chap. 187. 243 

ton Contracting Co., Libby-Burchell Fisheries Company, 
Libby's Inc., Liberty Bell Hebrew Bakeiy, Inc., Liberty 
Cafeteria, Inc., Liberty Can Co., Inc., Liberty Ice Company, 
Liberty Motor Sales of Lynn, Inc., Liberty Spark Plug 
Corporation, Liberty Transportation Company, Incorpora- 
ted, Lido Palace Co. Inc., Lido Palace Operating Co. Inc., 
Limousine Bus Service, Inc., Lincoln Fibre Company, 
Lincoln Park, Incorporated, Lincoln Twist Drill Company, 
Lindale Mills, Linscott Motor Company, Linsky Realty Cor- 
poration, Liquid-Air Container Corporation, Liquid Malt 
Incorporated, Little Bros. Inc., Littlefield & Covin, Inc., 
Lloyd Letters, Inc., Lloyd's of Boston, Inc., Locust Hill 
Estate Inc., London's Department Store, Inc., Longlife 
Battery Inc., Longwood Motor Service, Inc., Longwood 
Riding Stable Inc., Lord Engineering Associates Inc., Louis 
Market, Inc., Lowe & Sears Company, Lowell Community 
Theatre, Inc., Lowell Liquidation Company, Lowell Market- 
men's Exchange, Inc., Lowell Public Market, Inc., Ludlow 
Automobile Company, Inc., Lusitania-American Association, 
Inc., Luxite, Inc., Luzo Drug Corporation, Luzo Insurance 
Agency, Inc., The, Lydon Realty Co., Lynn Automobile Club, 
Inc., Lynn Concrete Products, Inc., Lynn Cycle Company, 
Lynn Ideal Shoe Co., Lynn Shoe Trimming Co., Inc., 
Lyons and Hershenson, Incorporated, Lyons Brothers 
Garage Inc. 

M. & G. Construction Co., M & K Motor Transportation 
Co. Inc., M & S Manufacturing Co. Inc., M. J. Baker Print- 
ing Company Inc., M. J. Walsh Inc., M. N. Arnold Shoe 
Company, M. R. Corporation, M. Rudolf Jahr, Inc., M. 
Simpson Co., M. Torf & Co. Inc., M. W. Allen Construction 
Company, MacLellan and Lee Clothing Company Corpora- 
tion, MacMillan-Babb Lumber Company, Macaulay New 
Process Cleaning Corp., Mack Service Stations, Inc., Mac- 
lachlan's Incorporated, Macy Drug Co., Made-Rite Curtain 
Co., Made- Well Mattress Company, Madow Shoe Company, 
Mailman and Hanlon Company, Main-Pine Realty Company, 
Majestic Theatre of West Springfield, Inc., Maiden Hosiery 
Company, Inc., Maiden Ice Company, Maiden Leather 
Goods Company, Maiden Pharmacy, Inc., Mall Dunn Medi- 
cine Company, Management Capital Corporation, The, 
Management Counsel, Incorporated, Manahan, Inc., Man- 
chester & Concord Express Co., Manganaro Music and Fur- 
niture Company, Incorporated, Manhattan Mortgage Cor- 
poration, Mansfield Foundry Company, Mansfield Garage, 
Inc., Mansfield's Bargain Stores, Inc., Mantia Fish Corpora- 
tion, Mapco Potato Company, Maple Terrace Pharmacy, 
Inc., Marblehead Building Association, Marden-Faust Manu- 
facturing Corporation, Marianne Frocks, Inc., Marine Glider 
Corporation, Mario Tanzi & Brothers, Incorporated, Marion 
Dow, Inc., Mark Austin Co. Inc., Market Statistics Inc., 
Markow Electrical Company, Markus Bakery, Inc., Marl- 
boro Flying Service, Inc., Marlboro Grain Company, Inc., 
Marmite,Inc., of America, Marquis Manufacturing Company, 



244 : Acts, 1934. — Chap. 187. 

Marshall Grain Co., Inc., Marshmallo Mist Inc., Marston- 
Sturtevant Co., Martin Shoe Co., Inc., Marvel Blade 
Sharpener Co., Inc., The, Marvel Shoe Stores Inc., Maryland 
Silk Manufacturing Co., Inc., Mason Lumber Corporation, 
Massachusetts Degreasing Co., Massachusetts Financial 
Corp., Massachusetts Fuel Saving Radiator Company, 
Massachusetts Hat Corporation, Massachusetts Investment 
Research Co., Massachusetts Lubricant Corporation, Massa- 
chusetts Mercantile Company, Massachusetts Miniature 
Golf Corporation, Massachusetts Sand & Gravel Association, 
Inc., Mass. Shoe & Leather Co., Massachusetts Tricho 
System Inc., Massachusetts Woolen Company, Inc., Master 
Oil Burner, Inc., Matt Hayes Studio, Inc., Mattapan Con- 
struction Company, Maverick Loan Company, Inc., Mayfair, 
Inc., The, Mayflower Hotels Corporation, Mazzara S'Andrea 
Investment Co., Inc., McConville Amusements, Inc., 
McDonald Motor Company, McGarry Tire Company, 
McLane Bros. Leather Co. Inc., McLellan & Merrill, Inc., 
McPherson's, Inc., Meacham Supply Company, Medford 
Inn Market Inc., Medford Operating Company, Medford 
Pen-Pencil Company, Medway Company, Meigs & Co. 
Incorporated, Mel-Rose Restaurant Inc., Mell Clothes, Inc., 
Melrose Motor Company, Memphis-Torpedo Mines Cor- 
poration, Menemsha Realty Corporation, Merchandise 
Clearing and Outlet Corp., Merchants & Physicians Ad- 
justment Bureau, Inc., Merchants Fruit & Produce Co., 
Merchants Shoe Company, Mercury Publishing Company, 
Merrimack Amusement Company, Merrimac Mills, Inc., 
Merrymount Doughnut Company, Inc., Metal Process 
Corporation, The, Metal Unit Screen Co., Inc., Metropolitan 
Heating Corporation, Metropolitan Linen Supply Company, 
Inc., Metropohtan Motor Service, Inc., Metropohtan Rubber 
Company, Michael J. Holden Innersole Company, Middlesex 
Chemical Company, Middlesex Press Inc., Mike Burman 
Motor Express, Inc., Mil-Mac Sign Company, Milford Manu- 
facturing Company, Milhender Electric Supply Co., The, 
Millbury Steel Foundry Company, Millen & Hart Co., Inc., 
Miller Made Dress Co., Inc., Miller Tire Company of Wor- 
cester, Mills & Ward, Inc., Milton Katzman Shoe Co., 
Miss Greene, Inc., Miss Sullivan Company, Mistress Betty 
Confections, Inc., Mitchell, Whitten & Mowbray, Inc., 
Modeco, Inc., Modern, Inc., Modern Public Markets, Inc., 
Moderne Cafeteria, Inc., Mogavero-Merrill Co. Inc., Mo- 
hawk Investment Corporation, Mohawk Upholstery Corpora- 
tion, Monarch Motor Sales, Inc., Monponsett Lumber Com- 
pany, Mont Realty Corporation, Montague Company, The, 
Montgomery's Inc., Montle Heating and Plumbing Corpora- 
tion, Moore Novelty Company, Moraine Pharmacy Inc., 
Moran Hale Co., Moran Sq. Market, Inc., Morash Engineer- 
ing Company, Morris Drug Co., Morrison-Skinner Company, 
Morrison's Inc., Morse-Coburn Steel Co., Morse Garage, 
Inc., Morse-Redden, Inc., Mortgage Corporation of Boston, 
The, Morton Construction & Realty Co., Morton, Rickard 



Acts, 1934. — Chap. 187. 245 

Company, INloss Shoe and Leather Company, Motor City 
Agenc}^ of Massachusetts, Inc., Motor Vehicle Underwriters' 
of JNIassachusetts Incorporated, Motor Vehicles Surface 
Sanders Corporation, jMount Auburn Dairj^ Inc., Mountain 
Electric Supplies Company, IMozzicato and DiPietro Bros., 
Inc., Multi-Products, Inc., ^lumford Securities Co., Munici- 
pal Disposal Company, The, Munroe Men's Shop, Inc., 
Murdock & Stelmach Lumber & Coal Co. Inc., Murial's, Inc., 
Murray Clothing Co. Inc., Murray-Sinclair Company, Incor- 
porated, jMusical Research Institute Incorporated, Mutty's 
Radio Shop, Inc., Mutual Industrial Service of Lowell, Inc., 
Myers Paper Stock Co., Mystic Motors, Inc., Mystic Polish 
Company. 

N. J. Bartlett & Co. Inc., N. T. Worthen & Co., Inc., 
Nahant Fish Company, Namwen Corporation, Nantasket 
Witching Waves Co., Nash Co., Nash Springfield Company, 
Nassikas Poultry Farms Inc., Nat Kolodiz & Company Inc., 
National Beauty Shoppes of America, Inc., National Cleansers 
& Dyers, Inc., National Cordage Company, Inc., National 
Cordage Corporation, National Credit Co., Inc., National- 
Crescent Coal Company, National Display Alphabet Co., 
The, National Fruit Co., National Garter Co., National Health 
Corporation, National Holding Corporation, National In- 
vestors Research Corporation, National Metallic Bed Com- 
pany, National Novelty Company, Inc., National O'Sullivan 
Shoe Corporation, National Papeterie Company, National 
Selling Counsel, Inc., National Spun Silk Company, National 
Textiles, Inc., Nausett Coal Company Incorporated, Need- 
ham Gardens Land Co., Nelson, Duncan & Murray, Inc., 
Nelson P. Merrill Company Inc., Nelson Sand and Gravel 
Co., Inc., Neponset Garage Corporation, Neponset Realty 
Corporation, Neponset Woolen Mills Store Inc., Nevler 
Stores Incorporated, New Bedford Belt Co., Inc., The, New 
Bedford Clothing Co., Inc., New Bedford Transportation 
Company, New Broadmore Restaurant, Inc., New England 
Adjustment Service, Inc., New England Airship Corporation, 
New England Amco Service Stores, Incorporated, New Eng- 
land Amusement Enterprises, Inc., New England & Conti- 
nental Transit Inc., New England Autogiro Sales Company, 
New England Automatic Coal Burner Corporation, New 
England Automobile Association, Inc., New England Blizz 
Co., Inc., New England Boat Company, New England Build- 
ing Supplies Co., New England Consolidated Insurance 
Agency, Inc., New England Film Corporation, New England 
Foundry & Alachinery Co., New England Gas Economizer 
Co., Inc., New England Holding Co., New England Imple- 
ment Company, Inc., New England Inns, Incorporated, New 
England Manufacturers and Jobbers Credit Bureau, Inc., 
New England Manufacturers Export Corporation, New 
England IMortgage and Investment Corporation, New Eng- 
land Pants Manufacturing Company, Inc., New England 
Plush Co., New England Poultry & Rabbit Breeders' Ex- 
change, Inc., New England Purity Paper Bottle Company, 



Acts, 1934. — Chap. 187. 

New England Research Laboratories, Inc., New England 
Southern Corporation, New England Tanning Company, Inc., 
New England Thrift Seal Merchants Inc., New York Dairies 
Corp., New York Gekco Company, The, New York Pickle 
Co., New York Spa, Inc., New York System Cafeteria, Inc., 
Newbury Grill, Inc., The, Newbuiy Street Service Garage, 
Inc., Newman Shoe Company, Newport Corporation, New- 
port Pharmacy, Inc., Newton Electric Fixture Company, 
Newton Knight Corporation, Nichols Rattan Products Co., 
The, Niebieszczany Citizens Association Inc., Nightingale & 
Childs Company, Ninigret Company, The, No-D-Ka 
Dentifrice Co., The, Nobby Men's Shop, Inc., Nonantum 
Co., Inc., Norman R. Adams Corporation of Boston, Norman 
Shoe Company, North Randolph Developing Associates Inc., 
North Shore Gardens, Incorporated, North Shore Inn Cor- 
poration, North Somerville Coal Company, North Station 
Theatre Co., Northampton Street Stables, Incorporated, 
Northeastern Amusement Company, Northeastern Insurance 
Service Corporation, Northeastern Theatres Corp., Northern 
Avenue Stores and Dock Corporation, Northern Waste 
Corporation, Norwich Trading Co., Norwood Improvement 
Corporation, Nu-Products Corporation. 

O. D. B. Co., O. D. Baker Company, Inc., O. D. C. Com- 
pany, O. D. Knight & Co. Inc., Oak Knoll Dairj% Inc., The, 
O'Brien-Connor Co., Inc., O'Brien's Fashion Shop, Inc., 
O'Connell-Quirk Paper Company, Inc., Odams Bros. Inc., 
Odenweller Co., Inc., Office Equipment Co. Inc., The, 
Ogden & Marshall Company, Ohman Bakery, Inc., Oil-0- 
Chron, Inc., Oilrite Company, Inc., Old Colony Corporation, 
Old Colony Freezer Company, Old Colony Motor Company, 
Old Farmer's Almanac, Incorporated, The, Olivier Motor 
Company, Olsen & Mclnnes, Inc., Olympia Realty Co., 
155 Brookline Avenue, Inc., Onthank-Radway Corporation, 
Orange Co-operative Farmers' Exchange, Orange Crush 
Bottling Company of Worcester, Orelinney, Incorporated, 
Original Five Cent Lunch, Inc., O'Rourke & McDonough 
Inc., Oscar A. Martin Co., Inc., Otter River Brick Company, 
Otto J. Piehler, Inc., Oxford Candy Corporation. 

P. & J. Besse Company, P. & L. Automatic Laundry Valve 
Co., The, P. H. Provencal Company, P. H. Wall & Co., Inc., 
P. J. Hart Company, Pacific Amusement Company of Lowell, 
Pacific Carbon and Ribbon Mfg. Co., Packard Carton 
Company, Packard Grocery & Coal Co., Page Engineering 
Company, Palmer Realty Company, Papouleas & Anastos 
Inc., Paramount Lunch, Inc., Park Mills, Inc., Park Shoe 
Manufacturing Company, Parker-Conway Co., Inc., Parker- 
Desmond Lumber Co., Parker House Florist, Inc., Parker 
Safety Head Staple Company, Inc., Parkside DweUings, Inc., 
Parkview Realty Company, Pasquale Construction Co. Inc., 
Payson and Smith, Inc., Pean Medical Company, Pearl 
Auto Electric Service, Inc., Pearson-Clapp, Inc., Peerless 
Co., Inc., of Fall River, The, Peerless Provision Company, 
Inc., Peerless Specialty Manufacturing Co., Inc., Pelham Hall 



Acts, 1934. — Chap. 187. 247 

Corporation, Pelley & Parrott, Inc., Pels Company, The, 
Pemberton Management, Inc., Pendleton, Inc., Pendleton 
Wood Heel Corp., Penn Investment Company, Penn Mutual 
Petroleum Corporation, Peoples Loan Company, Pepi 
Brothers, Inc., Pepperell Braiding Company, Perfect In- 
spector Company Inc., Perkins & Company, Incorporated, 
Perma-Wood Heel Company, Perrigo Distributors, Inc., 
Peter Salvi, Contractor, Inc., Peterkofsky, Inc., Peters Lunch, 
Inc., Phil Slocum, Inc., Philip H. Butler & Son Co., Philhps 
and Day, Inc., Philmore Dress Co., Phoenix Dress Company, 
Inc., Pierce Co., The, Pierrette Inc., Pigott, Dunn & Thomas, 
Inc., Pike Auto Body Co., Inc., Pilgrim Apartments Inc., 
Pilgrim Court, Inc., Pilgrim Egg Co., Inc., Pilgrim Leasehold 
Co., Pilgrim Market Co., Pin Toggle Company, Pittsfield 
Securities Corporation, Playhouse Inc., The, Plaza Amuse- 
ment Co., Plymouth Foundry Company, Plympton Mills Inc., 
Pobolinski Underwear Company, Pomeroy Brothers Incor- 
porated, Pomeroy Coal Company, The, Pontoosuc Camps, 
Inc., Poole Rotary Valve Engine Company, Pope's Garage 
Incorporated, Porter Auto Service, Inc., Porter Corporation, 
The, Porter Sales, Inc., Portsmouth Dye & Chemical Com- 
pany, Porus-Lastic Corporation, Posy Shop, Incorporated, 
The, Pratt and Austin Manufacturing Co. Inc., Premier 
Cafeteria, Inc., Press Cap Co., Inc., Preston Grading Ma- 
chine Company, Prime Bedding Stores, Inc., Prime Tea 
Co., Printers' Compound and Machinery Co., Inc., Priscilla 
Dress Co., Process Engraving Ink Company, Progressive 
Rotary Washing Machine, Inc., Pronto, Inc., Prosper© 
Truda Company, Prosser Company, Public Service Cleaning 
Co. Inc., Publix Finance Corporation, Publix Golf Driving 
Ranges, Inc., Pureofine Sales Co., Inc., The, Puritan Diner, 
Inc., Puritan Market, Inc., Puritan Motor Sales Incorporated, 
Purity Milk Cap Company, The. 

Quaker Restaurants, Inc., The, Quality Beef Company, 
Inc., Quality Live Poultry Company, Inc., Quick Klean 
Manufacturing Corp., Quincy Crushed Stone Company, 
Quincy New System Wet Wash Co. 

R. A. Fawcett, Inc., R. A. Tuttle Company, R & S Sales, 
Inc., R. B. Dick Co., R. C. H. Corporation, R. C. Shops, Inc., 
R. E. Hedin Inc., R. F. Kelton Company, Inc., R. F. Realty 
Trust, Inc., R. L. Palmer Lumber Co., R. M. Charamella & 
Co., Inc., R. M. Kimball Co., R, Sherburne Whitney & 
Co., Inc., R. W. Booker Co., Inc., Radio Doctors Incorpo- 
rated, Radio Shack, Inc., The, Radio Shoe Co., Radio Shop of 
Framingham Inc., The, Radio Writers, Incorporated, 
Ralph's Mens Store Inc., Rand Hotels Corporation, Rand 
Realty Corporation, Randolph Fireworks Company, Ratti 
Carrara Marble Inc., Ray Shoe Company, Inc., Read Hotel 
Co. Inc., Reading Grain Company, Reading Plumbing 
Supply Company, Inc., Reading Wood Heel Co., Real Estate 
Corporation of Brockton, Realty Mortgage Investment 
Corporation, Rebot-Prime Shoe, Inc., Record of Christian 
Work Company, Red Cross Company, The, Red Taxi Co., 



248 Acts, 1934. — Chap. 187. 

Inc., of Winthrop, Regal Manufacturing Co., Regal Mil- 
linery, Inc., Regional Publications, Inc., Reliable Auto Tire 
Exchange, Inc., The, Reliable Automatic Sprinkler Co. of 
New England, Reliable Sport Wear Company, Reliance 
Creditors Service, Inc., Renfrew Investment Company, 
Renfrew Manufacturing Company, Reno's Inc., Reou's 
Fruit Farm of Bolton Inc., Replacement Parts Company Inc., 
Research and Finance Corporation, Reserve Flooring & 
Specialty Corporation, Reserve Security Company, Resort 
Leasing and Operating Company, Revere Community 
Theatre, Inc., Revere Cycle Track Association, Inc., Revere 
Dress Store, Inc., Revere Excavating Company, Inc., 
Revere Furniture Company, Reynolds Oil & Grease Co., 
Rialto Cafeteria, Inc., Rialto Shoe Co., Rialto Theatre of 
Lowell, Inc., Richard Darby Company, Inc., Richard Realty 
Company, The, Richards Furniture Co., Richman Bros. 
Clothiers, Inc., Richmond Foundation Company, Ridley's 
Express, Inc., River Pharmacy Inc., Robert C. Travers Co. 
Inc., Robert Lundin, Inc., Robert Morris Corporation, The, 
Robert W. Kellogg Inc., Robert's, Inc., Robinson Coal Com- 
pany, Rogers Co., The, Rogers Furniture Company, Rogers 
Glue Works, Inc., Rollam Construction Co. Inc., Rome 
Clothing Co., Rosalie Dress Co., Inc., Rose-Dubow Co. Inc., 
Rosellotte Sweet Shop, Inc., Rosen Realty Corporation, 
Rosenberg's Bakery, Inc., Rosenbergs' Novelty & Gift 
Store, Inc., Rosenthal Brothers Clothing Co., Rotary Sales 
Co. Inc., Rowe & Thurlow Inc., Rowen & Mee Inc., Roxbury 
Cleaners & Dyers, Inc., Roxbury Realty Corporation, Roy 
G. Long, Inc., Royal Blue Line Company, The, Royal Blue 
Line Company of America, Royal Collateral Loan Co., Inc., 
Royal Wrapping Band Company, Rubin Dress Corporation, 
The, Rubin Investment Company, Rucell Company, Inc., 
Russian Oil Company of America, Ruth-Don, Inc., Ryder's 
Restaurants, Inc. 

S. A. Francke Company, Inc., S. & M. Realty Corporation, 
S & S Department Store, Inc., S. Beserosky, Inc., S. Born- 
stein, Inc., S. C. Tarrant Co. Inc., The, S. Green Inc., S. J. 
Connolly, Inc., S. J. Leger, Inc., S. L. Agoos Tanning Co., 
Inc., S. L. S. Realty Company, S. N. and C. Russell Manu- 
facturing Company, S. R. Callahan Co. Inc., S. R. Stem- 
bridge Company, Sabean Brothers, Inc., Sachs-Karon Com- 
pany, Safety Automatic Oil Burner Co., Sagamore Candy 
Company, Sahara Co., The, Salem Signal Light Company, 
Sales & Service Co. of Fairhaven, Inc., Sales Publishing Com- 
pany, Salmor Garment Company, Inc., Sam Parker, Inc., 
Samson Electric Company, Samuel M. Green Company Inc., 
Sanborn's Optometric Organization, Inc., Sanford-Putnam 
Company, Sarasone Screen Company, Sarra & Tucker Shoe 
Company, Saugus Spring Water Company, Saul F. Mat- 
thews Company, Savarese Creamery, Inc., Saxton Company, 
The, Scanlon Furs, Inc., Schaftel's Fur Shoppe, Inc., Schhtz 
Realty Company, Schlosberg Fur Manufacturing Company, 
Inc., Schoodic Lake Company, School of Radio Broadcasting 



Acts, 1934. — Chap. 187. 249 

Inc., Schooner Andrew and Rosalie, Incorporated, Schroeder 
& Co. Inc., Schubach-Keough, Inc., Schultz Beauty Salon, 
Inc., Scientific Research, Incorporated, Scituate Certified 
Clam Company, Scituate Hardware & Plumbing Supply Co. 
Inc., Scott Body Co., Inc., Scott Furniture Co., Scott Tea 
Company, Scott Tobacco Co., Inc., Scott's Parisian Service, 
Incorporated, Sea Cfiff Inn Company, Seabrook Mills Inc., 
Seafooteria, Inc., Seaver Park Corporation, Securities Trad- 
ing Corporation, Security Management Company, Security 
Motor Sales Inc., Segal Supply Corporation, Selboral Labora- 
tories Inc., Selding Realty Corporation, Selmore Dress Com- 
pany, Semore Dress Stores, Inc., Service Engineering Labora- 
tories, Inc., Service Plate Glass Company, Service Wood 
Heel Mfg. Corporation, Seventy Chestnut Street, Incor- 
porated, Severn-Wylie-Jewett Co., Shacter Auto Sales Inc., 
Shadowland, Inc., Shamroth Press of Lynn, Inc., Shawmut 
Hat Company, Shawmut Steam and Power Company, 
Shaw's Inc., Shaw's Sandwich Shops, Inc., Sheet Metal 
Workers, Incorporated, Sheffield Silver Black Fox Company, 
Sherer's Bakery, Inc., Sherman Corrugated Products Cor- 
poration, Sherman Press, Incorporated, Shirley Tire Co., 
Shohet Brothers, Inc., Sibley Shoe Company, Sidnej^-Hill 
Health System, Inc., Siko Sales Incorporated, Silk Products 
Co., Silver Bros. & Tarlow, Inc., Silverman Realty Company, 
Sinman Koor Co. Inc., Sisson Company, The, Sissons, Inc., 
Shpcover Patents Co. Inc., Smart Clothes Shop Inc., The, 
Smart Dress Shops, Inc., The, Smith & Hubbell Incorpo- 
rated, Smith-Green Company, The, Smith-Lescault, Inc., 
Smith Paper Company, The, Smith's Self Service Shoe Store, 
Inc., Snow-King Mfg. Co., Snyders Naval Outfitters Inc., 
Sobel Shoe Co., Inc., Sogoloff Furniture Co. Inc., Solter & 
Wilgoren, Inc., Somerset Distributing Corporation, Somer- 
ville Builders, Inc., Somerville Community Theatre, Inc., 
Somerville Publishers, Inc., Somerville Tombar Golf Course, 
Inc., Sophie Kurko Company, Sorosis Dairy Products Inc., 
Sound Airways Incorporated, Sound Reproducing Installa- 
tion Co., South Beach Boat Yard Inc., South Boston Public 
Market, Inc., So. Deerfield Co-operative Farmers' Exchange, 
South Hanson Rabbit Farms Incorporated, South River 
Cranberry Company, South Scituate Company, South Shore 
Finance Corporation, South Shore Flying Club Inc., South 
Shore Operating Company, Inc., South Shore Painters & 
Decorators, Inc., Southeastern Dairy Products Co., Southern 
Engineering Co., Southern Middlesex Corporation, Southern 
Middlesex Realty Corporation, South worth Mills, Inc., 
Specialty Markets Incorporated, Specialty Sales & Mfg. 
Corp., Speed-Polly Manufacturing Company, Spencer Sales 
Inc., Spencer Textile Corp., Spero Discount Corporation, 
Spiller Guilford Company, Spinney & Co. Inc., Sportinbak 
Shoe Company, Spring Realty Company, Springfield Auto- 
motive Engineering Company, Springfield Bottling Company 
Inc., Springfield Cafeteria Incorporated, Springfield Harley- 
Davidson Sales Company Inc., Springfield Medical Publish- 



250 Acts, 1934. — Chap. 187. 

ing Co., Inc., Springfield Provision Company, Squire Pro- 
vision Company, Stacy-Draji:.on, Inc., Stakolite Products, 
Inc., Stamar Realty Co., Standard Fabric Company, Stand- 
ard Plastics, Inc., Standard Shares, Inc., Standard Shoe 
Findings Co., Standard Stores of N. E. Inc., Standard Supply 
and Equipment Company of Massachusetts, Standard Tire 
Co. of Holyoke, Inc., Standard Upholstering Co., The, 
Standish Worsted Company, The, Stanley Delivery Service 
Inc., Stanley Leather Products Co., Inc., Stanwood Sales 
Inc., Star Amusement Company of Brockton, Star Cake 
Corporation, State Burner Corporation, State Development 
Corporation, State Live Poultry and Egg Company, Inc., 
State Mens Shop, Inc., State Pharmacy, Inc., Stephen D. 
Peirce Incorporated, Stephen Durso & Sons, Inc., Sterling 
Fur Co., Stetson Clothing Company, Inc., Stetson Coal 
Company of Boston, The, Stevens Corporation, The, Stevens- 
Mader Inc., Stewart and Bouchier, Inc., Stewart Manufac- 
turing Company, Stewart Truck Sales Company, Stickney- 
Goodman Inc., Stomm and Field Company, Stone-Underhill 
Heating and Ventilating Company, Stopograph Company, 
Inc., The, Stoughton Studio- Workshop, Inc., Strand Sand- 
wich Shop, Inc., Stratford Realty Trust, Inc., Stratford Shoe 
Co., Stuart Drug Company, Inc., Stuart Finance Corpora- 
tion, Sturdy Shoe Company, Stjde-Craft Bootery, Inc., 
Styler Shoe Co., Stylist Publications, Inc., The, Suburban 
Boston Realty Company, Suburban Insurance Agency, Inc., 
The, Sullivan Granite and Construction Company, The, 
Summer .Jewelry Company, Inc., Sun Trucking Inc., Sundry 
Service Agencies, Inc., The, Sunny Frocks, Inc., Sunnyside 
Fruit Company, Inc., Super Blade Corporation, Super Serv- 
ice Corporation, Superior Credit Corporation, Superior Par- 
lor Frame Company, Superior Saw Company, Superior Wood 
Heel Co., Supply Trades Credit Bureau Inc., Supreme Cleans- 
ing & Dyeing Co., Swan Pond Shores, Inc., Swansea Motor 
Sales, Inc., Sylvan Cloak Corporation, Symphony Restaurant 
Inc. 

T. C. Fife, Inc., T. C. Kelley, Inc., T. F. Horrigan Com- 
pany, T. H. Lane & Son Company, T. J. Flyim Metal Works, 
Inc., The, T. J. Mahoney & Sons, Inc., T. L. Dumphy Com- 
pany, Taber-Prang Art Company, Taitsman Construction 
Corporation, Tanners Finish Co., Tarr-Edgerly Motors In- 
corporated, Tasty Town, Inc., Taylor & Wood, Inc., Techni- 
cal Laboratories, Inc., Teel Sales Co., Inc., 1019 Common- 
wealth Avenue, Inc., 1065 Commonwealth Avenue, Inc., 
Teplow Automatic Pleat & Cold Co., Inc., Terminal Finance 
Corporation, Terrace Garden, Incorporated, Tex Sales 
Corporation, Textile American Pubhshing Company, Textile 
Knitting Works, Inc., Textile Yarns Corporation, Thoma & 
Company, Inc., Thomas Cogger & Sons Company, Thomas 
Dalby Company, Thos. F. Galvin, Junior, Company, Thomas 
G. Plant ' Chicago Company, Thomas G. Plant Corporation, 
Inc., Thomas J. Connors, Inc., Thomas Shoe Mfg. Co., Inc., 
Thomas W. Duncan Co. Inc., Thompson's Tire Service, In- 



Acts, 1934. — Chap. 187. 251 

corporated, Thornton Realty Company, Thorp & Martin 
Typewriter Co., Threadwell Tool Company, The, "300" 
Club, Inc., Three Millers Company, Three Millers Corpora- 
tion, Tibbetts Fisheries, Inc., Tigar Corporation, The, Time 
Service, Incorporated, Tiny Tee Golf, Inc., Tiny Tot Shop 
Inc., The, Titan Perfumers, Inc., Tivoh, Ltd., The, Tober & 
Edelstein, Inc., Tom Thumb Golf Co., Tombar Golf Courses, 
Inc., Tower Manufacturing Company, Toy Town Choco- 
lates Inc., Traders Discount Corporation, Trainor's Garage, 
Inc., Trawler Marietta B. Inc., Treadwell Motors Corpora- 
tion, Tremont Marble & Tile Co., Inc., Trio Trading Co. Inc., 
Triple Wear Hosiery Mills, Triplex Sales Agency, Inc., Tri- 
point Manufacturing Company, Inc., Tripp Press Inc., The, 
Trubey Concrete Block Co., Trulson Realty Company, 
Trusteed Fund Corporation of New England, Tucker Form 
Erection Co., Inc., Tucker-Morton Co., Turburator Sales 
Co. Inc., Turner Hardware Company, Inc., Turner's Lobster 
Camps Inc., Twin Elm Hotel Co., Twistall Corporation, The, 
Two Brothers, Inc., The, 2SG Summer Street, Inc., 239 
Tremont Street, Inc. 

U. S. Cast Magnet Steel Corporation, U. S. Equities 
Trust, Inc., U Save Refrigerating Corporation of America, 
Un-X-Celd Laundry Inc., Underwriters Acceptance Corpora- 
tion, Union Clothing Corporation, Union Color and Chemical 
Company, Union Glass Company, Union Lobster Co. Inc., 
United American Soda Fountain Compan}', United Biscuit 
Company, United Commissaries, Inc., United Construction 
Company, United Credit Service Corporation, United Drug 
Building Company, United Food Stores, Inc., United Grocers 
Wholesale Company of Marlboro, United Mortgage and 
Realty Company, United Sail Loft Company, United Sales 
Company, Incorporated, United States Color and Chemical 
Company, Inc., United States Game Corporation, United 
States Screw & Stamping Company, United States Securities 
Corporation, United States Worsted Corporation, United 
Ticket Office Incorporated, United Trading Exchange, Inc., 
Unity Shoe Manufacturing Co. Inc., Universal Armature 
Co. Inc., Universal Auto Livery Inc., Universal Box Toe 
Corporation, Universal Car Company, The, Universal 
Heaters, Inc., Universal Hoist & Body Company, The, Uni- 
versal Motor Supply Company, Universal Properties Cor- 
poration, Universal Radio Features, Inc., Universal Rubber 
Mat Company, Inc., University Electrotype Foundry, Inc., 
University Inn, Inc., University Motor Sales, Inc., Utilities 
Realty Corporation, Uzit Soap Company. 

V. & D. Optical Company, Inc., V. J. Kuch Co., Valentine 
Chemical Co., The, Valley Bronze Company, The, Valley 
Waste Corporation, Valley Wholesale Grocery Co. Inc., 
Vals, Incorporated, Vanity Sports Wear, Inc., Varit3-per 
Sales Co. of Boston, Varney Air Transport Corporation, 
Vassar Skirt and Sportwear Co., The, Vent-0-Pedic Com- 
pany, The, Vesta, Incorporated, Veterans Welfare Inc., Vic- 
tor Hat Co., Victor Insurance Agency Inc., Victory Tenants 



252 Acts, 1934. — Chap. 187. 

Corporation, Vigor Specialty Company Incorporated, Vin- 
cenzo Del Signore, Inc., Vitalait Laboratory of New Eng- 
land, Inc., The, Vogue Shoe Company, Inc., Volga Cafeteria, 
Inc., Von Hugo Corp., Vye Motors Inc. 

W. B. Bradbury Company, Inc., W. B. Cookson, Inc., W. 
E. Gray Co., W. F. Bowering Corporation, The, W. F. 
Walsh Co., W. J. Woods Company, The, W. K. Hutchinson 
Company, W. L. Delaney Co., W. L. O'Brien Drug Co., Inc., 
W. O. McDuffee Company, W. P. Hamel Corporation, W. S. 
Best Printing Company, Waban Shoe Co., Wachusett Wool 
Corporation, Wachusett Wool Waste Company, Walden and 
Perry, Incorporated, Waldron, Inc., Waldron Irving, Inc., 
Wales Woolen Mills, Inc., Walker Bros. Dyeing and Bleach- 
ing Co., Walker Press, Inc., The, Walkers Shoe Stores, Inc., 
Walnut Real Estate Company, Inc., Walro's, Inc., Walrose 
Realty and Investment Corporation, Walsh Specialty Shop, 
Inc., Walter E, Swaton Corporation, The, Walter J. Budgell 
and Sons, Incorporated, Walter S. Wood Company, Walter's 
Waban, Inc., Waltham Automobile and Finance Corpora- 
tion, Waltham Plumbing Supply Co., Inc., Wannalancet 
Springs, Incorporated, Ward Fisheries, Inc., Ward Furniture 
Company, Ward's Clothes, Inc., Ware Costumer, Inc., Ware- 
ham Motor Sales Co., Wareham National Corporation, 
Warehouse Furniture Outlet, Inc. of Fitchburg, The, Warner- 
Bryson Company, Inc., Warnock-Lynch Motors, Inc., 
Warren Garage, Inc., Warren P. Rieth, Inc., Washburn 
Motor Company, The, Washington Drug Co. Inc., Washing- 
ton Fruit and Produce Company, Inc., Washington Garage 
Company, Washington Music Co., Inc., Washington Plate 
and Window Glass Company, Washington Skirt & Dress 
Corp., The, Washington Wall Paper Co., Inc., Water-Way 
Manufacturing Company, Water-Way Sales Company, 
Water- Way-Washer, Incorporated, Waterside Mills Inc., 
Watertown Grist Mills Inc., Watertown Home Hand 
Laundry Co., Watertown Motor Sales Co., Inc., Watkins 
Screen and Shade Company, Watts and Denman Inc., 
Waverley Oaks Garage, Inc., Waverly Lumber Company, 
Webster & Basley Company, Webster Jones Battery Co., 
Inc., Webster Place Garage Co., Welch Manufacturing and 
Distributing Company, Well Made Bag Company, Wellesley 
Busses, Inc., Wellesley Motors, Inc., Welhngton & Buck 
Company, Wellington Bakery, Inc., Wells Advertising 
Agency, Inc., Wells, Frazier Tire Company, West African 
Trading Company, Inc., West Border Spring Company, West 
Boston Fuel Company, West Concord Motors Inc., West End 
Thread Company, The, West Roxbury Motor Sales, Inc., 
Western Beef Co. Inc., Western States Motor Lines, Inc., 
Westfield Maple Products Company, Westfield Times Com- 
pany, Westland Realty Co., Weston Motors, Inc., Weston 
Pubhshing Co. Inc., The, Westport Boat Building Corpora- 
tion, The, Westport Motors, Inc., Westwood Company, The, 
West wood Inn, Inc., Wetherell Tag-Stringing Machine Com- 
pany, Whelan's Cafeteria, Inc., White Bros. Leather Com- 



Acts, 1934. — Chap. 187. 253 

pany, White, Reilly & Eaton, Inc., White Trucking Corpora- 
tion, White-Way Laundries, Inc., W^hitehouse de Reeder 
Academy of Theatrical Arts, Inc., Whitman Chemical Com- 
pany, Inc., Whitman Mills, Whitman, Ward & Lee Company, 
Whitney Reed Corporation, Whitney Woods Association, 
Inc., Whittemore's Service Station, Inc., Whittlesey Com- 
pany, The, Whorf & Duffy, Inc., Wickham Company, 
Widen-Lilly Tanning Company, Widen Lord Tanning Co., 
Wilbur Amusement Company, Wilbur Theatre Company, 
The, Wilbur X-Ray Laboratory, Inc., Wile Importing Cor- 
poration, Wilfred F. St. Coeur, Incorporated, Wllkie Report- 
ing Service, Inc., Willard Cement Block Company, Willard 
Hotels Company, Willard Investment Co. Inc., William A. 
Slater Mills, Inc., WiUiam E. Beach, Inc., William K. Mac- 
Kay Co. Inc., Wm. R. Tenney & Co., Inc., William T. Din- 
neen Construction Co., William Terzis & Son, Inc., William 
U. Wyman Inc., Wllhams Company Inc., Wilhams Motor 
Sales Company, Willow Brook Trout Hatcheries, Inc., AVills 
Motor Car Company, Inc., Wills Motor Company, Incorpo- 
rated, Wilson Hardware Company, Inc., The, Wilson Tire " 
Co., Inc., Winchester Sportswear For Women, Inc., Windo- 
Art Display Corporation, Winnisimmet Trust, Inc., Winslow 
B, Taylor Co., Wlnsor Manufacturing Corp., Winter Garden, 
Inc., Winthrop Securities Company, Winward Carloading 
Company, Wizard Adding Machine Company, The, Woburn 
Hartol Company, Wolfe-Lyons Leather Company, Wolfson 
Flooring & Supply Co., Wolpert Shoe Co. Inc., Wonderland 
Spa, Inc., W^oodcraft Corporation, The, Woodridge Realty 
Company, Woodrow Construction Company, Inc., Worcester 
Cigar Makers Association, Inc., Worcester Conservatory of 
Music, Incorporated, Worcester Garment Corporation, 
Worcester Oil Company, Inc., World Shoe Company, World 
Shoe Corporation, Worldart Pictures of N. E., Inc., Worthy 
Manufacturing Company, Inc., Wright-Gorevitz-McNamara 
Co., Wyckoff & Lloyd Company, Wyndhurst Holding Cor- 
poration. 

Y-D Motor Sales, Inc., Y-D Rent-A-Ford Co., Yawdro 
Manufacturing Company, Ye Craftsman Studio Inc., Ye 
Kyng's Towne Sweetes, Inc., Ye Poke- About Shoppe, Inc., 
Ye Wilbur Theatre, Inc., Young-Federal Company, Young 
Shoe Mfg. Co., Inc., Young's Inc., Youth-Full Dress Co. 

Zanditon Motor Co., Zang Book Bindery Company, Inc., 
Zani Tile & Marble Company Inc., Zappala & Laudani 
Brothers Real Estate Company, Ziskind Iron & Metal Co. 

Charitable and Other Corporations. 
American Home Makers, Incorporated. 
Attleboro Springs, Inc. 
Bay State Club, The. 

Boston Yeshiva and Rabbinical School of Boston, Inc. 
Columbus Day Nursery of Cambridge. 
Emplojdng Plasterers of Greater Boston Inc., The. 
Folk Handicrafts Guild. 



254 Acts, 1934. — Chap. 187. 

Graton & Knight Athletic Association, The. 
Hampshire County Boy Scout Camp Association, The. 
Jamaica Plain Community Conference, The. 
Ladies Auxiliary to the Home for Destitute Jewish Chil- 
dren. 

Marsiconuovo Italian Mutual Benefit Society, The. 

Melrose High School Scholarship, Incorporated. 

Mutual Commercial Corporation. 

New England Scandinavian Benevolent Relief Society. 

Nichols Junior College. 

Nurses' Bay State Club (Incorporated). 

Pohsh National Home Association of Worcester, The. 

Roxbury Boys' Club. 

School of Ageless Wisdom, Inc., The. 

South Christian Church of Haverhill, Mass., The. 

Textile Trust Company. 

Welcome House, Inc. 

Woburn Home for Aged Couples. 

AVorks Project Corporation. 

Y. D. Overseas Memorial, Inc. 

Public Service Corporations. 
Ayer Electric Light Company. 
Blackstone Electric Light Company, The. 
Deerfield Company, The. 
Fieldston Water Company. 

Interstate Consohdated Street Railway Company. 
Lexington Gas Company. 

Randolph & Holbrook Power & Electric Company. 
Westborough Gas and Electric Company, The. 
Westfield River Railway Company. 
Woburn Gas Light Company. 

Pending suits SECTION 2. NotMug iu tWs act shall be construed to 
not affected, affcct any suit now pending by or against any corporation 
mentioned herein, or any suit now pending or hereafter 
brought for any liability now existing against the stock- 
holders or officers of any such corporation, or to revive any 
charter previously annulled or any corporation previously 
dissolved, or to make valid any defective organization of any 
of the supposed corporations mentioned herein. 
Suits upon SECTION 3. Suits upou choses in action arising out of 

ac"ron'how coutracts sold or assigned by any corporation dissolved by 
bidught.etc. this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assignment and of 
purchase by the plaintiff shall be set forth in the writ or other 
process; and the defendant may avail himself of any matter of 
defense of which he might have availed himself in a suit upon 
a claim by the corporation, had it not been dissolved by 
this act. 
Obligation SECTION 4. Nothing in this act shall be construed to re- 

retu'rns''''etc Heve the last person who was the treasurer or assistant 
treasurer, or, in their absence or incapacity, who was any 
other principal officer of each of the corporations named in 



Acts, 1934. — Chaps. 188, 189. 255 

this act, from the obhgation to make a tax return in the cur- 
rent year as required by chapter sixty-three of the General 
Laws. The tax liabiHty of each of the corporations named in 
this act shall be determined in accordance with the existing 
laws of this commonwealth. 

Section 5. This act shall be operative as of March wiien (,pt.,i- 
thirty-first in the current year. *'^^- 

Approved May 4, 1934. 

An Act enlarging the powers and duties of the license Chap. 188 

COMMISSION IN THE CITY OF REVERE. 

Be it enacted, etc., as follows: 

Clause (9) of section thirty-four of chapter six hundred and 
eighty-seven of the acts of nineteen hundred and fourteen is 
hereby amended by adding at the end thereof the following 
new paragraph : — 

The authority vested by law on the effective date of this 
paragraph in cities or towns or in the city of Revere or any 
official thereof, to grant, suspend or revoke any of the licenses 
hereinafter mentioned shall be exercised in said city by said 
commission exclusively. This section shall affect the follow- 
ing licenses only : — To be innholders or common victuallers ; 
to sell at retail any alcoholic beverages, as defined in section 
one of chapter one hundred and thirty-eight of the General 
Laws, the sale of which is authorized in said city; to maintain 
lodging houses, pubhc lodging houses, intelligence offices, 
coffee houses or tea houses, or vehicles for the sale of food in a 
public way; to be collectors of, dealers in or keepers of shops 
for the purchase, sale or barter of junk, old metals or second 
hand articles; to engage in the business of buying, selling, 
exchanging or assembling of second hand motor vehicles or 
parts thereof; to carry on the business of pawnbrokers; to 
sell, rent or lease firearms; to establish, let, keep open and 
maintain a grove to be used for picnics or other lawful 
gatherings and amusements for hire, gain or reward ; to retail 
dealers to keep open their place of business on the Lord's 
day for the sale of ice cream, confectionery, soda water or 
fruit; to engage in the business of conducting or maintaining 
an open-air space for the parking for hire of more than three 
automobiles; and any other license, authority to grant which, 
being theretofore vested in the mayor, is by him delegated 
from time to time to said commission. 

Approved May 4, 1934. 

An Act authorizing the department of public works to (JJiar) 189 

CONSTRUCT AN UNDERPASS THROUGH THE EXISTING LOCA- 
TION OF THE NEW YORK, NEW HAVEN AND HARTFORD 
RAILROAD IN THE TOWN OF NORWOOD. 

Be it enacted, etc., as follow s: 

The department of public works, in connection with the 
construction under chapter ninety of the General Laws of a 



256 Acts, 1934. — Chaps. 190, 191. 

public way in the town of Norwood, the same being an ex- 
tension of Nahatan street to Pleasant street, may construct 
an underpass in and through the existing location of the 
New York, New Haven and Hartford railroad in said town, 
subject otherwise to the provisions of section one hundred 
and four of chapter one hundred and sixty of the General 
Laws, as amended by chapter one hundred and seventy-six 
of the acts of nineteen hundred and thirty-three. Upon com- 
pletion of the construction of such way and underpass, the 
same shall be maintained and kept in good repair by said 
town. Approved May 4, 1934. 



Chap. 190 An Act to avoid multiplicity of petitions for judicial 

REVIEW TO DETERMINE SENIORITY RIGHTS IN THE CLASSI- 
FIED LABOR SERVICE. 

Be it enacted, etc., as follows: 
G. L. (Ter. Chapter thirty-one of the General Laws is hereby amended 

section i'sX"' ^Y inserting after section forty-five, as appearing in the 



dded. Tercentenary Edition thereof, the following new section : — 

Judicial Section 45 A. If any claim is made that the labor seniority 

certahi"^ Hghts of a petitioner under section forty-five have been or may 

removals. be violated by the action of the officer or board whose action 

is sought to be reviewed, the court may, upon application of 

any party to such petition made at any time before final 

action on such petition, and upon proper notice, order that 

any person whose labor rights are claimed or appear to be 

junior to those of the petitioner, be made respondent in the 

proceeding, and shall thereupon determine the rights of the 

respective parties therein. Approved May 4i 1934- 



CJiaV 191 ^'^ "^^^ RELATIVE TO THE OBSERVANCE EACH YEAR OF THE 
^ ' ANNIVERSARY OF THE DEATH OF COMMODORE JOHN BARRY. 

Be it enacted, etc., as follows: 

Ed^" ^g"' Chapter six of the General Laws is hereby amended by 

section 'i2E^ inserting after section twelve D, inserted by chapter two 
added. hundred and forty-two of the acts of nineteen hundred and 

Observance thirty-two, the following new section: — Section 12E. The 
.T'nhn'B"r"y°*'^ govomor shall annually issue a proclamation setting apart 
^^y- September thirteenth as Commodore John Barry Day and 

recommending that it be observed by the people with 
appropriate exercises in the public schools and otherwise, 
as he may see fit, to the end that the memory of the service 
rendered by him during the struggle for American inde- 
pendence may be perpetuated. Approved May 4, 1934. 



Acts, 1934. — Chaps. 192, 193, 194. 257 



An Act relative to the construction of the new ne- (Jlmj) \Q2 

PONSET VALLEY SEWER. 

Be it enacted, etc., as follows: 

Section 1. Subject to appropriation, the metropolitan 
district commission is hereby authorized to expend for the 
construction of the new Neponset Valley sewer, so-called, 
authorized by chapter three hundred and eighty-four of the 
acts of nineteen hundred and twenty-eight, a sum not ex- 
ceeding ten thousand dollars, the same to be in addition to 
the amount borrowed under authority of said chapter three 
hundred and eighty-four. Said sum shall be assessed upon the 
cities and towns of the south metropolitan sewerage system, 
as a part of the cost of maintenance of said system for the 
current year. 

Section 2. Payments in adjustment of claims under state 
contracts entered into under authority of this act and re- 
lating to said construction shall be made only upon the filing 
with the comptroller of releases or other evidence satisfactory 
to him that said payments are accepted as full settlement of 
such claims. Approved May 4, 1934- 

An Act authorizing the metropolitan district commis- (JJiav 193 

SIGN TO IMPROVE A PORTION OF ABERJONA RIVER IN THE 
TOWN OF WINCHESTER. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is 
hereby authorized to improve, by dredging or otherwise, that 
portion of Aberjona river in the town of Winchester between 
Upper Mystic lake and the southern division of the Boston 
and Maine railroad, and may expend therefor such sum, not 
exceeding six thousand dollars, as may hereafter be ap- 
propriated, which shall be assessed upon the cities and towns 
of the metropolitan parks district as part of the cost of 
maintenance of reservations. 

Section 2. This act shall take effect upon its passage. 

Approved May 8, 1934. 

An Act providing that salaries and compensation of Chap. 194 
state offices and positions recently reduced be 
restored in part. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, therefore it is hereby declared to be an i*"'''""®- 
emergency law, necessary for the immediate preservation of 
the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. The rate of salary or compensation payable 
immediately prior to the effective date of this act to the 
holder of each office and position in the service of the com- 



258 Acts, 1934. — Chaps. 19.5, 196. 

monwealth shall, subject to appropriation, be increased by 
an amount equivalent to one third of the net reduction made 
in such rate by or under chapters one hundred and five and 
two hundred and ninety-six, both of the acts of nineteen 
hundred and thirty-three. The rates of salary or compensa- 
tion, as increased hereby, shall be effective as of April first 
of the current year and until their full restoration in accord- 
ance with said chapter one hundred and five. 

Section 2. The provisions of said chapter one hundred 
and five relative to the administration and enforcement 
thereof shall apply to the administration and enforcement of 
this act, so far as applicable. Approved May 8, 1934- 

Chap. 195 An Act providing for the improvement of the water 

SUPPLY AND SEWAGE DISPOSAL SYSTEMS AT THE BARN- 
STABLE COUNTY SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Barnstable may expend a sum not exceeding thirty-five 
hundred dollars for the purpose of constructing, equipping 
and completing necessary improvements in the water supply 
and sewage disposal systems of the Barnstable county 
sanatorium. 

Section 2. For the purpose of paying the necessary ex- 
penses to be incurred under section one, said county com- 
missioners may borrow from time to time, on the credit of 
the county, such sums as may be necessary, not exceeding, 
in the aggregate, thirty-five hundred dollars, and may issue 
bonds or notes of the county therefor, which shall bear on 
their face the words, Barnstable County Sanatorium Loan, 
Act of 1934. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than two 
years from their dates. Such bonds or notes shall be signed 
by the treasurer of the county, and shall be countersigned by 
a majority of the county commissioners. The county may 
sell the said securities at public or private sale upon such 
terms as the county commissioners may deem proper, but 
not for less than their par value. Indebtedness incurred 
under this act shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 3. This act shall take effect upon its acceptance 
by the county commissioners of said county; provided, that 
such acceptance occurs during the current year. 

Approved May 8, 1934. 

Chap. 196 An Act authorizing the city of taunton to sell and 
distribute steam generated by its municipal lighting 
plant. 
Be it enacted, etc., as follows: 

Section 1. The city of Taunton, acting through its 
municipal light commission, may sell steam generated by its 



Acts, 1934. — Chap. 197. 259 

municipal lighting plant, to any person or corporation within 
the limits of the said city, and may distribute the same 
through conduits, pipe lines or by other suitable means. 

Section 2. The said city, acting as aforesaid, may take, 
or acquire by purchase or otherwise, and may hold, any 
lands, rights of way, easements or other property within its 
limits which said commission may deem necessary or con- 
venient for carrying out the purposes of this act and for 
exercising any of the powers conferred thereby; may con- 
struct, install and maintain buildings, machinery, conduits, 
pipe lines and other works and structures; may carry any 
conduit, pipe line or other works upon, along, under or across 
any lands, water courses, railroads, streets, ways or bridges 
now existing or hereafter constructed, but in such a manner 
as not unnecessarily to obstruct or impede travel thereon; 
and may dig up any such street or way, and lay, maintain 
and repair conduits, pipe lines and other works beneath the 
surface thereof, putting any such street or way in as good 
repair as the same was in when the digging was begun; pro- 
vided, that the city shall not enter upon, or construct or lay 
any conduit, pipe line or other works within the location of a 
railroad corporation, except at such times and upon such 
terms and in such manner as it may agree with such cor- 
poration, or, in case of failure so to agree, as may be approved 
by the department of public utilities. 

Section 3. For the purpose of paying the necessary ex- 
penses and liabihties incurred or to be incurred under this 
act, the said city, acting through its said commission, may 
expend such sums as may be necessary, in accordance with 
and subject to the provisions of chapter one hundred and 
sixty-four of the General Laws relative to municipal light- 
ing plants, and shall dispose of the income received hereunder 
in accordance with said provisions. 

Approved May 8, 1934. 

An Act authorizing the county of dukes to borrow Qfidj) 197 

MONEY FOR THE PURPOSE OF CONTRIBUTING TO THE COST 
OF CONSTRUCTION OF A HIGHWAY IN THE TOWN OF EDGAR- 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of contributing to the cost 
of the construction by the state department of public works 
of a highway in the town of Edgartown, the county com- 
missioners for the county of Dukes County may from time 
to time borrow upon the credit of the county such sums as 
may be necessary, not exceeding, in the aggregate, fifteen 
thousand dollars, and may issue bonds or notes of the 
county therefor, which shall bear on their face the words, 
Dukes County Highway Loan, Act of 1934. Each authorized 
issue shall constitute a separate loan, and such loans shall 
be payable in not more than five years from their dates. 



260 Acts, 1934. — Chap. 198. 

Such bonds or notes shall be signed by the treasurer of the 
county and countersigned by a majority of the county 
commissioners. The county may sell the said securities at 
public or private sale upon such terms and conditions as the 
county commissioners may deem proper, but not for less 
than their par value. Indebtedness incurred hereunder shall, 
except as herein provided, be subject to chapter thirty-five 
of the General Laws. 

Section 2. The treasurer of said county, with the ap- 
proval of the county commissioners, may issue temporary 
notes of the county, payable in not more than one year from 
their dates, in anticipation of the issue of serial bonds or notes 
under this act, but the time within which such serial bonds or 
notes shall become due and payable shall not, by reason of 
such temporary notes, be extended beyond the time fixed by 
this act. Any notes issued in anticipation of the serial bonds 
or notes shall be paid from the proceeds thereof. 

Section 3. This act shall take effect upon its acceptance 
during the current year by the county commissioners of said 
county, but not otherwise. Approved May 9, 1934-. 

Chap. 198 An Act authorizing the city of brockton to acquire 

BY GIFT AND MAINTAIN CERTAIN LANDS IN THE TOWN OF 
AVON FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby authorized 
and empowered to take by gift from Daniel W. Field of said 
Brockton, in fee simple, and forever hold, maintain and 
keep open as and for a public park, forming part of and 
called D. W. Field park, four certain lots or parcels of land 
in the town of Avon, in the county of Norfolk, respectively 
•bounded and described as follows, to wit : — 

First Parcel. — A certain parcel of land situated on the 
southerly side of South street, bounded as follows: — Be- 
ginning at a point in the south fine of South street one 
hundred feet west of the center line of the D. W. Field park- 
way, thence south in a Hne parallel to the center line of the 
D. W. Field parkway to the Old Colony line, bounded on the 
south by land of the city of Brockton, being the Brockton 
& Avon Old Colony line, on the west by land of Merger 
Bozoian, Wallace M. Beals and land formerly of Packard 
and Cole, on the north by land formerly of Wallace C. Flagg 
and South street. 

Second Parcel. — A certain parcel of land situated on the 
southerly side of South street, bounded as follows : — Be- 
ginning at a stone monument on the south side of said South 
street at the northwest corner of land belonging to the city 
of Brockton; thence south fourteen degrees thirty minutes 
east, one hundred sixty-three and forty hundredths feet by 
land of said city to a stone monument; thence south sixty- 
three degrees thirty-five minutes west, three hundred sixty- 



Acts, 1934. — Chap. 198. 261 

four and fifty-one hundredths feet by land now or formerly 
of the heirs of Ethan French to a stone monument in a wall ; 
thence north twenty-six degrees thirty minutes west, one 
hundred fifty feet by land now or formerly of Nathaniel P. 
Packard to a stone monument in a wall; thence north sixty- 
two degrees thirty minutes east, three hundred ninety-eight 
and sixty-seven hundredths feet by said South street to the 
stone monument at the place of beginning. 

Third Parcel. — Ten acres of land, more or less, situated 
westerly from West Main street, and bounded as follows: — 
Bounded northerly and easterly by land formerly of Ethan 
French, southerly by land formerly of Tyler Cobb and 
westerly by land formerly of Nathaniel P. Packard and land 
of Franklin Reynolds. 

Fourth Parcel. — A certain parcel of land containing about 
nine acres situated on the southerly side of South street, 
bounded and described as follows : — Beginning at a drill 
hole in a stone wall in the southerly line of South street at 
the northwest corner of land of Daniel W. Field; thence 
southeasterly by a stone wall one hundred seventy-eight and 
thirteen hundredths feet to an angle; thence southeasterly 
by a stone wall which deflects fifty-eight minutes to the 
right, three hundred six and thirty-five hundredths feet to an 
angle; thence southwesterly by a stone wall which deflects 
forty-six degrees forty-six minutes and thirty seconds to the 
right, two hundred sixty-five and seventy-one hundredths 
feet to an angle; thence southeasterly by a stone wall which 
deflects forty-three degrees twenty-eight minutes to the left, 
three hundred thirty-four and thirty-eight hundredths feet 
to an angle; thence southwesterly partly by a stone wall 
which deflects twenty-seven degrees forty minutes to the 
right, three hundred seventy-four and eighty-two hundredths 
feet to an old heap of stones at an angle; thence southeasterly 
by a line which deflects forty-four degrees forty-nine minutes 
ten seconds to the left, four hundred forty and forty-three 
hundredths feet to the intersection of two stone walls at the 
Brockton-Avon line, also the Old Colony line and the south- 
west corner of land of Daniel W. Field ; thence southwesterly 
by the Brockton-Avon line making an angle of sixty-seven 
degrees eight minutes fifty seconds, three hundred feet to a 
stone bound at land of Merger Bozoian; thence northwesterly 
in a straight line by other land of said Bozoian making an 
angle of one hundred eleven degrees forty-two minutes thirty 
seconds, three hundred five feet to a stone bound at an 
angle, thence northwesterly by other land of said Bozoian 
by a line which deflects twenty-nine degrees twenty-nine 
minutes fifteen seconds to the right, two hundred sixty-four 
and sixty-four hundredths feet to a stone bound at an angle ; 
thence northerly by other land of Bozoian by a line which 
deflects seven degrees thirty-three minutes and thirty seconds 
to the right, five hundred fifty-six and thirty-two hundredths 
feet to a stone bound at an angle in the center line of a forty 
foot easement for water pipe held by the city of Brockton, 



262 Acts, 1934. — Chap. 199. 

said bound being three hundred nine and eighty-one hun- 
dredths feet east of a cement bound located in center hne 
of said easement; thence northeasterly by other land of 
Bozoian by a line which deflects six degrees fifty-nine minutes 
to the right, two hundred fifteen and seventy-seven hun- 
dredths feet to a stone bound at an angle ; thence northeaster- 
ly by other land of Bozoian by a line which deflects twenty- 
two degrees fifty-eight minutes fifteen seconds to the right, 
one hundred eighty-four and fifty-eight hundredths feet to 
a stone bound at an angle; thence northwesterly by other 
land of Bozoian by a line which deflects forty-eight degrees 
fifty-three minutes fifteen seconds to the left, one hundred 
thirty-nine and eighty-six hundredths feet to a stone bound 
at an angle; thence northwesterly by other land of Bozoian 
by a line which deflects thirty-five degrees thirty minutes to 
the left, two hundred twenty and ninety-three hundredths 
feet to a drill hole in a stone wall in the southerly line of 
South street; thence easterly by a stone wall in the southerly 
line of South street two hundred ten and seventy-three 
hundredths feet to the point of beginning. 

Section 2. The board of park commissioners of said city 
of Brockton shall have, exercise and discharge the same 
powers and duties with respect to said parcels as are vested 
in and imposed upon them by section five of chapter forty- 
five of the General Laws with respect to parks in said city. 

Approved May 9, 1934. 



ChaV 199 -^^ -^^^ MODIFYING CERTAIN RESTRICTIONS RELATIVE TO THE 
' SALE OF INTOXICATING LIQUOR WITHIN FOUR HUNDRED 

FEET OF THE NANTASKET BEACH RESERVATION IN THE 
TOWN OF HULL. 

^r^ambi"'^^ IT/iereas, The deferred operation of this act would tend to 

defeat its purposes, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section three of chapter four hundred and sixty-four of 
the acts of eighteen hundred and ninety-nine is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following : — No licenses shall be granted 
for the sale of intoxicating liquor, other than wines and malt 
beverages as defined by section one of chapter one hundred 
and thirty-eight of the General Laws, as appearing in section 
two of chapter three hundred and seventy-six of the acts of 
nineteen hundred and thirty-three, in any building or place 
within four hundred feet of that portion of Nantasket beach 
taken under the provisions of this act. 

Approved May 10, 1934. 



Acts, 1934. — Chaps. 200, 201. 263 

An Act relative to the borrowing of money by the (Jhofn 200 

TOWN OF METHUEN FOR WATER SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter three hundred and 
twenty-four of the acts of nineteen hundred and twenty- 
nine is hereby amended by striking out, in the third Hne, the 
word "five" and inserting in place thereof the word: — ten, 
— so as to read as follows: — Section 11. For the purposes 
set forth in this act other than those pertaining to mainte- 
nance, the town of Methuen may borrow from time to time, 
within a period of ten years from the passage of this act, such 
sums as may be necessary, not exceeding, in the aggregate, 
five hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words. Town of 
Methuen Water Loan, Act of 1929. Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 
able in not more than thirty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory limit, but shall, except as herein provided, be subject to 
chapter forty-four of the General Laws. 

Section 2. This act shall take effect upon its passage. 

Ay-proved May 10, 1934. 



An Act relative to appropriations by the city of boston 

FOR municipal PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may, ' vote of the city 
council, with the approval of the ma r, in the manner 
specified in section three of chapter foui aundred and eighty- 
six of the acts of nineteen hundred and nine, make appropria- 
tions for municipal purposes, other than those heretofore 
excluded from the statutory tax limit, to be met by moneys 
raised by taxation for the financial year ending December 
thirty-first, nineteen hundred and thirty-four, in an amount 
not exceeding the sum of seventeen dollars on each one 
thousand dollars of the average of the assessors' valuations 
of the taxable property therein for the three preceding years, 
said valuation for each year being first reduced by the amount 
of all abatements allowed thereon previous to December 
thirty-first, nineteen hundred and thirty-three, provided, 
however, that the moneys to be raised by taxation shall be 
reduced by the amount which the commissioner of corpora- 
tions and taxation shall estimate, under section twenty-five 
A of chapter fifty-eight of the General Laws, will be received 
by said city from the commonwealth during the year nine- 
teen hundred and thirty-four. 

Section 2. The city of Boston may incur debt, outside 
its limit of indebtedness, for such emergency appropriations, 
including additional appropriations for the pubHc welfare 



Chap. 201 



264 Acts, 1934. — Chap. 202. 

department and the soldiers relief department, as may be ap- 
proved by the board established in clause nine of section 
eight of chapter forty-four of the General Laws, from the 
proceeds of loans which said city is hereby authorized to 
make for said purposes, with the approval of said board. 

Section 3. Expenditures may be made and liabilities 
may be incurred by said city under section six of chapter 
two hundred and sixty-six of the acts of eighteen hundred 
and eighty-five, as amended by section one of chapter three 
hundred and twenty of the acts of eighteen hundred and 
eighty-nine, in anticipation of appropriations therefor in the 
current year, to an amount not exceeding for each depart- 
ment one half the entire amount appropriated for the depart- 
ment during the preceding year, any provision of said section 
six, as so amended, to the contrary notwithstanding. 

Section 4. This act shall take effect upon its passage. 

Approved May 10, 1934. 



Chap. 202 An Act requiring gas and electric companies and com- 
panies ENGAGED IN THE TRANSMISSION OF INTELLIGENCE BY 
ELECTRICITY TO MAKE ADDITIONAL ANNUAL RETURNS TO THE 
DEPARTMENT OF PUBLIC UTILITIES AND TO FILE COPIES 
THEREOF IN EACH CITY AND TOWN IN WHICH THEY OPERATE. 

Be it enacted, etc., as follows: 

o. L. (Ter. SECTION 1. Chapter one hundred and sixty-four of the 

new section General Laws is hereby amended b}^ inserting after section 
84A, ,Hi(ied. eighty-four, as appearing in the Tercentenary Edition, the 
Additional followiug ncw sectiou I — Section 84 A. Gas and electric 
certain gas companics and manufacturing companies and persons en- 
!!"!i,*!l.*;?*li*' gaged in the manufacture and sale or distribution and sale 
of gas or electricity shall file with the department, with their 
annual returns required under section eighty-three, a con- 
densed return of their business and financial condition, in 
such form and with such detail as the department requires, 
signed and sworn to by the president or vice president and 
treasurer or assistant treasurer, setting forth the amount of 
receipts and expenditures and the amount of each of the 
principal items of operating expenses, amounts accrued for 
interest and other carrying charges for capital, taxes, amounts 
accrued for depreciation and amounts reserved or available 
for payment of dividends, and at the same time file with the 
clerk of each city and town in which they operate a copy of 
such condensed return which shall be kept in the clerk's 
office and shall be open to public inspection during office 
hours. The provisions of section eighty-four relative to re- 
turns under section eighty-three shall apply to returns and 
copies thereof required to be filed under this section. 
cr. L. (Ter. SECTION 2. Chapter one hundred and sixty-six of the 

new section Gcucral Laws is hereby amended by inserting after section 
12 A, added. twclvc, as SO appearing, the following new section: — 



companies. 



Acts, 1934. — Chap. 203. 



265 



Section 12 A. Every company subject to the requirements of 
section eleven shall file with the department, with its annual 
return required under said section, a condensed return of its 
business and financial condition, in such form and with such 
detail as the department requires, signed and sworn to by the 
treasurer and by the chief accounting officer of such com- 
pany, setting forth the amount of receipts and expenditures 
and the amount of each of the principal items of operating 
expenses, amounts accrued for interest and other carrying 
charges for capital, taxes, amounts accrued for depreciation 
and amounts reserved or available for payment of dividends, 
and at the same time file with the clerk of each city and town 
in which it operates a copy of such condensed return which 
shall be kept in the clerk's office and shall be open to public 
inspection during office hours. If in any year the annual 
report to the stockholders of such a company sets forth the 
items specified in this section, such report, duly signed and 
sworn to as above prescribed, may be filed with the clerk of 
each such city and town in place of the return herein pro- 
vided for. The provisions of section twelve relative to re- 
turns under section eleven shall apply to returns and copies 
thereof required to be filed under this section. 

Approved May 10, 1934. 



Additioiiiil 
returns of 
telephone, 
etc., com- 
panies. 



Q. L. (Ter. 
Kd.), 17U. 
§ ;t4, etc.. 
amended. 



An Act relative to suspension of payments to co-opera- (Jjm^ 203 

TIVE banks on account OF LOANS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-four of chapter one hundred 
and seventy of the General Laws, as appearing in chapter 
one hundred and forty-four of the acts of nineteen hundred 
and thirty-three, is hereby amended by striking out, in the 
thirty-sixth and thirty-seventh lines, the words "a period 
longer than two years" and inserting in place thereof the 
words : — periods longer than two years at any one time, — 
and by adding at the end thereof the following new para- 
graph : — No action under this or the following section shall 
affect the rights of the holder, other than the corporation 
granting the accommodation, of any mortgage recorded prior 
to June first, nineteen hundred and thirty-three, unless the 
written assent of such holder shall be obtained, nor shall any 
such action affect the rights of an original borrower whose 
note is dated prior to said date, unless his written assent 
shall be obtained, — so as to read as follows: — Section 34- 
For the accommodation of any owner of shares pledged for p^ymen 
a real estate loan who is actually engaged in the military or 
naval service of the United States, or who is the wife or a 
dependent member of the family of a person so engaged, or 
for the accommodation of any owner of shares so pledged 
who is otherwise temporarily unable to make payments to 
such a corporation on account of his loan because of un- 
employment or other emergency, the directors may cause to 



Suspension of 



266 Acts, 1934. — Chap. 203. 

be endorsed on the mortgage note, as a credit upon the 
amount of the loan, the full value of the shares pledged to 
secure the same, less all monthly instalments of interest and 
fines in arrears, unpaid taxes at the option of the directors, 
any other legal charges and such sum as will leave the amount 
of the loan a multiple of fifty dollars, and thereupon such 
shares shall be cancelled and further payments and fines 
waived. Such credit and cancellation may be made even if 
the amount of the loan will not thereby be reduced as to 
principal. The amount of the loan remaining due as afore- 
said shall be payable as provided in section thirty-five with 
interest payable monthly at the rate existing at the time of 
suspension and subject to such fine as may be prescribed by 
the by-laws of the corporation for default by shareholders 
in payment of interest and to foreclosure or other remedy 
provided by law, in case of default; provided, that the person 
seeking such accommodation, or any person in his behalf, 
shall sign a written request therefor, stating his reasons and 
agreeing in consideration thereof to abide fully by the terms 
of this section and section thirty-five and also all require- 
ments of the directors, who shall be the sole judges of the 
necessity of the accommodation and the time when such 
accommodation shall be terminated; and provided, further, 
that no suspension of payments as aforesaid for any cause 
other than that the accommodated person is engaged in the 
military or naval service of the United States or is the wife 
or a dependent member of the family of a person so engaged 
shall extend for periods longer than two years at any one 
time. 

Neither the note evidencing the loan nor the mortgage 
securing the same shall be prejudiced by the application of 
the value of the shares provided for in this section or the 
pledging of new shares provided for in section thirty-five, 
notwithstanding the fact that a provision for such applica- 
tion and pledging was not originally made in the note or 
mortgage, and both note and mortgage shall continue to be 
held by the corporation as good and sufficient security for 
the balance remaining unpaid. 

No action under this or the following section shall affect 

the rights of the holder, other than the corporation granting 

the accommodation, of any mortgage recorded prior to June 

first, nineteen hundred and thirty-three, unless the written 

assent of such holder shall be obtained, nor shall any such 

action affect the rights of an original borrower whose note is 

dated prior to said date, unless his written assent shall be 

obtained. 

G. L. (Ter. SECTION 2. Section thirty-five of said chapter one 

f 35'etl?* hundred and seventy, as so appearing, is hereby amended by 

amp.'i,ipd'.' striking out the last paragraph. Approved May 10, 1934. 



Acts, 1934. — Chaps. 204, 205. 



267 



G. L. (Ter. 
Ed.), 201, 
§ i;i, amended. 



Discharge of 
person under 
giiardijinsliii). 



An Act relative to the discharge of a person under (JJidjj 204 

GUARDIANSHIP OR CONSERVATORSHIP IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter two hundred and 
one of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by adding at the end 
thereof the following new sentence : — In the event of the 
death, resignation or removal of the guardian of an insane 
person, the court, on the application of the former ward and 
after notice to his heirs apparent or presumptive, including 
the husband or wife, if any, and to the said department, may 
certify that the said ward is discharged by operation of law 
and, if it so appears, that guardianship of said ward is no 
longer necessary. 

Section 2. Section eighteen of said chapter two hundred 
and one, as so appearing, is hereby amended by adding at 
the end thereof the following new sentence : — In the event 
of the death, resignation or removal of a conservator, the 
court, on the application of the former ward and after notice 
to his heirs apparent or presumptive, including the husband 
or wife, if any, may certify that the said ward is discharged 
by operation of law, and if it so appears, that conservator- 
ship of the property of said ward is no longer necessary. 

Approved May 10, 1934. 



G. L. (Ter. 
Ed.), 201, 
§ 18, amended. 
Discharge of 
person under 
conservator- 
ship. 



An Act permitting the suspension of execution of Qfiav. 205 
certain sentences in the superior court. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
seventy-nine of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out, in the 
first line, the word "district", — and by striking out the last 
paragraph and inserting in place thereof the following : — 
The provisions of this section shall not permit the suspension 
of the execution of the sentence of a person convicted of a 
crime punishable by death or imprisonment for life or of a 
crime an element of which is being armed with a dangerous 
weapon, or of a person convicted of any other felony if it 
shall appear that he has been previously convicted of any 
felony, or of a person convicted of operating a motor vehicle 
while under the influence of intoxicating liquor if such offence 
was committed within a period of six years immediately 
following his final conviction of a like offence by a court or 
magistrate of the commonwealth, — so as to read as follows : 
— Section 1. When a person convicted before a court is 
sentenced to imprisonment, the court may direct that the 
execution of the sentence be suspended, and that he be placed 
on probation for such time and on such terms and conditions 
as it shall fix. When a person so convicted is sentenced to 



(r. L. (Ter. 
Ed.), 279, 
§ 1, amended. 



Limitation on 
the suspension, 
etc., of certain 
sentences in 
the superior 
court. 



268 Acts, 1934. — Chap. 205. 

pay a fine, and to stand committed until it is paid, the court 
may direct that the execution of the sentence be suspended 
for such time as it shall fix, and that he be placed on proba- 
tion on condition that he pay the fine within such time. If 
the fine does not exceed fifteen dollars and the court finds 
that the defendant is unable to pay it when imposed, the 
execution of the sentence shall be suspended and he shall be 
placed on probation, unless the court shall find that he will 
probably default, or that such suspension will be detrimental 
to the interests of the public. If he is committed for non- 
payment of a fine, the order of commitment shall contain a 
recital of the findings of the court on which suspension is re- 
fused. The fine shall be paid in one payment, or in part pay- 
ments, to the probation officer, and when fully paid the order 
of commitment shall be void. The probation officer shall 
give a receipt for every pa3mient so made, shall keep a record 
of the same, shall pay the fine, or all sums received in part 
payment thereof, to the clerk of the court at the end of the 
period of probation or any extension thereof, and shall keep 
on file the clerk's receipt therefor. If during or at the end of 
said period the probation officer shall report that the fine is 
in whole or in part unpaid, and in his opinion the person is 
unwilling or unable to pay it, the court may either extend 
said period, place the case on file or revoke the suspension 
of the execution of the sentence. When such suspension is 
revoked, in a case where the fine has been paid in part, the 
defendant may be committed for default in payment of the 
balance. 

The provisions of this section shall not permit the suspen- 
sion of the execution of the sentence of a person convicted 
of a crime punishable by death or imprisonment for life or of 
a crime an element of which is being armed with a dangerous 
weapon, or of a person convicted of any other felony if it 
shall appear that he has been previously convicted of any 
felony, or of a person convicted of operating a motor vehicle 
while under the influence of intoxicating hquor if such 
offence was committed within a period of six years im- 
mediately following his final conviction of a like offence by a 
court or magistrate of the commonwealth. 
o. h. (Ter. Section 2. Section one A of said chapter two hundred 

Kd.K 279, and seventy-nine, as so appearing, is hereby amended by 
amended. Striking out, in thc first fine, the word "district", — and by 

striking out the last sentence and inserting in place thereof 
the following : — This section shall not permit the suspen- 
sion of the execution of the sentence of any person convicted 
of a crime punishable by imprisonment for life or of a crime 
an element of which is being armed with a dangerous weapon, 
or of any person convicted of any other felony if it shall ap- 
pear that he has been previously convicted of any felony, — 
Same subject. SO as to Tcad as follows: — Section lA. When a person con- 
victed before a court is sentenced to fine and imprisonment, 
the court may direct that the execution of the sentence be 
suspended as to the fine or the imprisonment or both, and 



Probation. 



Acts, 1934. — Chap. 206. 269 

tliat he be placed on probation for such time and on such 
terms and conditions as it shall fix; the court may direct, as 
one of such terms and conditions, that payment of the fine 
may be made to the probation officer in one payment, or in 
part payments, during the period of probation or any exten- 
sion thereof, and when such fine shall have been fully paid 
the order of commitment as to the fine shall be void, but the 
order of commitment as to imprisonment shall not be affected 
by such payment. The probation officer shall give a receipt 
for every payment so made, shall keep a record of the same, 
shall pay the fine, or all sums received in part payment 
thereof, to the clerk of the court at the end of the period of 
probation or any extension thereof, and shall keep on file the 
clerk's receipt therefor. If during or at the end of said period 
the probation officer shall report that the fine is in whole or 
in part unpaid, and in his opinion the person is unwilling or 
unable to pay it, the court may either extend said period, 
place the case on file or revoke the suspension of the execu- 
tion of the sentence. When such suspension is revoked, in a 
case where the fine has been paid in part, the defendant may 
be committed for default in payment of the balance, and 
may also be committed for the term of imprisonment fixed 
in the original sentence. This section shall not permit the 
suspension of the execution of the sentence of any person 
convicted of a crime punishable by imprisonment for life or 
of a crime an element of which is being armed with a dan- 
gerous weapon, or of any person convicted of any other felony 
if it shall appear that he has been previously convicted of 
any felony. 

Section 3. This act shall take effect on the first day of Effective date. 
October in the current year. Approved May 10, 1934. 



An Act amending the charter of the city of malden Chap. 206 
so AS to provide compensation for members of the 
city council. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
sixty-nine of the acts of eighteen hundred and eighty-one, 
as amended by section one of chapter forty-nine of the acts 
of eighteen hundred and eighty-seven, is hereby further 
amended by striking out all after the word "business" in 
the tenth line and inserting in place thereof the following 
new sentence : — Each member of the common council 
shall receive annually such sum not exceeding three hundred 
dollars and each member of the board of aldermen such sum 
not exceeding five hundred dollars as compensation for his 
services, as the city council shall from time to time by 
ordinance provide, — so as to read as follows : — Section 2. 
The administration of all the fiscal, prudential and municipal 
affairs of said city, with the government thereof, shall be 
vested in one officer to be called the mayor, one council of 



270 



Acts, 1934. — Chaps. 207, 208. 



seven to be called the board of aldermen, and one council of 
twenty-one to be called the common council, which boards, 
in their joint capacity, shall be denominated the city council; 
and the members thereof shall be sworn to the faithful per- 
formance of their respective duties. A majority of each board 
shall constitute a quorum for the transaction of business. 
Each member of the common council shall receive annually 
such sum not exceeding three hundred dollars and each mem- 
ber of the board of aldermen such sum not exceeding five 
hundred dollars as compensation for his services, as the city 
council shall from time to time by ordinance provide. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Maiden at the state elec- 
tion in the current year in the form of the following question 
which shall be placed upon the official ballot to be used in 
said city at said election: "Shall an act of the general court 
passed in the current year, entitled 'An Act amending the 
Charter of the City of Maiden so as to provide Compensa- 
tion for Members of the City Council', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to said question, this act shall thereupon take 
effect, but not otherwise. Approved May 10, 1934. 



Chap. 207 An Act providing that a leave of absence of less than 

SIX MONTHS SHALL NOT BE DEEMED A SEPARATION FROM 
THE CLASSIFIED CIVIL SERVICE IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter thirty-one of the General Laws is hereby amended 
by inserting after section forty-six D, inserted by chapter 
three hundred and twenty of the acts of nineteen hundred 
and thirty-three, the following new section: — Section 46E. 
A leave of absence for a period of less than six months shall 
not be deemed a separation from the classified civil service, 
except with the assent of the person granted such leave. 

Approved May 10, 1934. 



G. L. (Ter. 

Ed.), ai, 
new section 
46E, added. 



Leave of 
absence of 
person under 
civil service. 



ChflT) 208 ^N ^^'^ RELATIVE TO THE MEMBERSHIP OF THE PUBLIC 
l^nap. ^\JQ BEQUEST COMMISSION AND TO THE DISSEMINATION OF 
INFORMATION CONCERNING THE PUBLIC BEQUEST FUND. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-eight A of chapter six of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in the second line, the words 
"state secretary" and inserting in place thereof the words: 

commissioner of corporations and taxation, — and by 

striking out, in the seventh line, the word "three" and in- 
serting in place thereof the word : — four, — so as to read 
Public bequest as Mlows i — Section 28 A. There shall be a pubhc bequest 
commission, consisting of the commissioner of corporations 



Qt. L. (Ter, 
Ed.), 0, 
§ 28A, 
amended. 



commission. 



Acts, 1934. — Chap. 209. 



271 



and taxation, the state treasurer and the commissioner of 
state aid and pensions, ex officiis. Said officials shall receive 
no additional compensation for such service, but, with the 
approval of the governor and council, may employ and re- 
move such assistants and fix their salaries, and may incur 
such other expenses, as may be necessary to render effective 
the provisions of this and the four following sections. 

Section 2. Said chapter six is hereby further amended 
by inserting after section twenty-eight D, as so appearing, 
the following new section : — Section 28E. For the purpose 
of making the provisions of section twenty-eight B better 
understood by the citizens of the commonwealth, the com- 
missioner of corporations and taxation is hereby authorized 
to disseminate information relative to the public bequest 
fund to such group or groups of taxpayers as he may deem 
advisable ; provided, that none of the cost of such dissemina- 
tion shall come from the said fund. 

Approved May 10, 1934. 



G. L. (Ter. 
Ed.), 6, 
§28E, added. 

Publicity. 



An Act further regulating the business of leasing Chap. 209 

MOTOR vehicles UPON A MILEAGE BASIS. 



G. L. (Ter. 
Ed.), 90, 
new sections 
320 to 32F, 
added. 
Regulation 
of "driveit- 
yourself" 



Be it enacted, etc., as follows: 

Section 1. Chapter ninety of the General Laws is 
hereby amended by inserting after section thirty-two B, as 
appearing in the Tercentenary Edition, the following four 
new sections: — Section 32C. No person engaged in the 
business of leasing motor vehicles under the " drive-it-your- 
self" system, so called, or any similar system, wherein the system! 
amount of the rental is determinable in whole or in part by 
the distance such motor vehicles travel, shall lease any such 
vehicle whereto is attached a hubodometer or other mechani- 
cal device for the purpose of registering the distance that such 
vehicle travels which does not register such distance with 
substantial accuracy, nor shall any such person, herein and 
in the following three sections called the lessor, knowingly 
deceive any lessee of any such vehicle under any such system, 
herein and in the following three sections called the lessee, 
as to the distance which such vehicle has traveled under 
the lease, or make or collect a charge for the use thereof 
based wholly or in part on such deception, or lease any such 
vehicle for operation on any public way by any person whom 
he knows or has reason to beHeve to be under the influence of 
intoxicating liquor or of any drug. 

No lessee shall, with intent to deceive the lessor, remove 
or attempt to remove, tamper with or attempt to tamper 
with, or in any other wise interfere with, any such hubo- 
dometer or other mechanical device so attached, or know- 
ingly aid or assist another in so doing; nor shall any lessee 
abandon the vehicle or wilfully refuse or neglect to redeliver 
it in such manner as he may have agreed. 

Section 32D. Every lessor shall keep or cause to be kept 



Records to 
be kept. 



272 



Acts, 1934. — Chap. 209. 



a proper written record of every motor vehicle leased by him 
in the course of the business described in section thirty-two 
C. Such record shall have columns and headings substan- 
tially as follows : — 



Date. 



Register 

Number and 

Letter, if Any, 

and Name 

of Maker. 



Time of 
Leasing. 


Time of 

Terminating 

Lease. 


A.M. P.M. 


A m. p.m. 







Name and 

Address of Lessee 

and of His 

Authorized 

Operator, if Any. 



Use of car by 
lessee regu- 
lated. 



Penalty. 



Each entry in such record shall be made at the time of leas- 
ing or at the time of terminating the lease, as the case may 
be, and shall be legibly written in ink or with an indelible 
pencil. Such record shall be kept in some convenient place 
and shall be open at all times during the ordinary business 
hours of the lessor to the inspection of the registrar and his 
agents, and, upon written request therefor by the official in 
charge of the police department of the town, of any constable 
or police officer thereof. Such records shall not be destroyed 
until twelve months after their respective dates. 

Section 32E. Each lessee shall enter, or cause to be en- 
tered, on the record required by section thirty-two D, his 
correct name and address, in full, and shall not permit or 
suffer any other person to operate such motor vehicle while 
it is so leased; provided, that a lessee who makes known at 
the time of leasing that he is unable, or does not intend, to 
operate such vehicle personally and intends to have such 
vehicle operated for him by another and who at such time 
also furnishes as to such operator the information required 
by section thirty-two D, may, with the consent of the lessor, 
permit such operator to operate such vehicle during the time 
of the lease. Operation of such vehicle by any person per- 
mitted or suffered by the lessee to operate the same in viola- 
tion of this section shall nevertheless be deemed to be with 
the express or implied consent of the lessor for the purposes 
of sections thirty-four A to thirty-four J, inclusive. 

Section 32F. Whoever obtains custody of any motor 
vehicle operated under any system referred to in section 
thirty-two C from any lessor by any trick or by any fraudu- 
lent or false representation, or by the giving of any bad or 
worthless check or any false token or writing, or by the false 
impersonation of another, or leases such a vehicle with intent 
to defraud the lessor, or whoever violates any provision of 
sections thirty-two C to thirty-two E, inclusive, shall be 
punished by a fine of not less than twenty-five nor more 
than two hundred and fifty dollars, or by imprisonment for 
not less than thirty days nor more than six months, or both. 

Refusal to pay the proper charge for the use of any such 
vehicle or the giving of a bad or worthless check in payment 



Acts, 1934. — Chaps. 210, 211. 



273 



of such a charge shall be prima facie evidence of such intent 
to defraud. 

Section 2. Section thirty-two B of said chapter ninety, 
as so appearing, is hereby repealed. 

Section 3. This act shall take effect on January first, 
nineteen hundred and thirty-five. 

Approved May 10, 1934. 



G. Ti. (Ter. 
Ed.), 90, 
§ 32B. 
repealed. 
Effective date. 



An Act relative to certain restrictions concerning 

STONE lettering AND HEIGHT IN THE BOSTON ZONING 
LAW, SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter four hundred and 
eighty-eight of the acts of nineteen hundred and twenty-four 
is hereby amended by striking out clause (31) and inserting 
in place thereof the following : — 

(31) Stone yard, cutting or lettering; 

Section 2. Paragraph numbered (1) of section sixteen 
of said chapter four hundred and eighty-eight is hereby 
amended by inserting after the word "back" in the sixth 
line the words : — ten feet, — by striking out in the eighth 
line the words "ten feet ", — and by inserting after the word 
"of" in the ninth line the words: — ten feet above, — so as 
to read as follows : — 

(1) In a thirty-five foot or forty foot district a single- 
family dwelling or building for recreational use may be built 
to a height of three and one half stories but not exceeding 
forty-five feet, and an educational, religious, philanthropic or 
other institutional building may be built to a height of five 
stories, but not exceeding sixty-five feet, provided in each 
case the building sets back ten feet from each street and lot 
line, in addition to other yard and set-back requirements, 
plus one foot for each foot of such height in excess of ten feet 
above the height limit; and a telephone exchange office may 
be built to a height of five stories but not exceeding sixty- 
five feet, provided that the part of the building above the 
height limit sets back ten feet from each street and lot line, 
in addition to other yard and set-back requirements. 

Section 3. This act shall take effect upon its passage. 

Approved May 16, 1934. 



Chap. 210 



An Act relative to the exercise of local option in fhnj) oil 
respect to the sale of alcoholic beverages in taverns. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, therefore it is hereby declared to be an P'"e'»'"f''e- 
emergency law, necessary for the immediate preservation of 
the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-eight of the g.l. (Ter. 
General Laws is hereby amended by striking out section f iiA.^et^c., 

ameiuleil. 



Yes. 

No. 







274 Acts, 1934. — Chap. 211. 

eleven A, as appearing in section two of chapter three hun- 
dred and seventy-six of the acts of nineteen hundred and 
thirty-three and as amended by chapter one hundred and 
forty-two of the acts of nineteen hundred and thirty-four, 
and inserting in place thereof the following: — Section 11 A. 
of'quesTi'ons Exccpt as otherwisB provided in this section, the city council 
eielTtimis'^"' ^^ ^^^ ^^^^ ^^^ ^^^ sclectmen of any town shall, upon the 
filing with the city or town clerk of a petition signed by regis- 
tered voters of such city or town equal in number to at least 
one per cent of the whole number of registered voters therein 
and conforming to the provisions of section thirty-eight of 
chapter forty-three relative to initiative petitions, requesting 
that the question of hcensing the sale in such city or town of 
alcoholic beverages in taverns be submitted to the voters 
thereof, call a special election to be held within a period of 
twenty days from the fihng of such petition, and cause to be 
so submitted thereat the following question: — "Shall 
licenses be granted in this city (or town) for the 
sale therein of alcoholic beverages in taverns?" 

Except as otherwise provided in this section, in any city 
or town wherein a regular election is about to be held, the city 
council or selectmen, upon the filing of such a petition at 
least ten days before such election, shall cause said question 
to be submitted to the voters thereof at such election. The 
foregoing question shall not be submitted to the voters of 
any city or town under this section oftener than once in two 
years. 

If a majority of the votes cast in such a city or town in 
answer to the question hereinbefore set forth are in the 
affirmative, such city or town shall be taken to have au- 
thorized the sale therein in taverns of such alcoholic bever- 
ages, if any, as are from time to time lawfully authorized to 
be sold in such city or town, subject in all respects to the 
provisions of this chapter, but only pending the taking under 
this section of the next succeeding vote, if any, on such 
question. 

Prior to January first, nineteen hundred and thirty-five, 
and pending the taking of a vote on such question under this 
section in any city, the mayor and city council thereof may 
file with the city clerk an order authorizing the granting of 
tavern licenses and such order shall have the same legal 
effect as a vote in the affirmative in answer to such question. 

Section 2. Nothing in this act shall be construed to 
affect any vote by the registered voters of any city or town 
which was made legal and validated by chapter one hundred 
and forty-two of the acts of the current year. 

Approved May 16, 1934, 



Acts, 1934. — Chaps. 212, 213. 275 



An Act validating certain acts and proceedings of the Chap. 212 

TOWN OF PAXTON AND OF ITS OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. All town elections and meetings in the town 
of Paxton and all other acts and proceedings of said town and 
of its officers between January first, nineteen hundred and 
twenty, and the effective date of this act, so far as said elec- 
tions, meetings, acts or proceedings were invalid by reason 
of the failure of the town legally to call and give notice of its 
annual town elections and its annual and special meetings, or 
any of them, in accordance with a vote or by-law of the town 
or with chapter thirty-nine of the General Laws, as amended, 
or corresponding provisions of earlier laws, are hereby 
vahdated and confirmed. 

Section 2. No town election or meeting in said town in 
the current year or the year nineteen hundred and thirty- 
five, if called and notified in the same manner as elections 
and meetings hereby validated and confirmed, and no action 
taken thereat, shall be invalid by reason of the failure of the 
town legally to call and give notice of such election or meeting 
in accordance with said vote or by-law or with said chapter 
thirty-nine. 

Section 3. This act shall take effect upon its passage. 

Approved May 16, 1934. 



An Act making appropriations to provide for partial Chap. 213 

RESTORATION OF SALARIES AND COMPENSATION OF STATE 
officers and EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. In order to provide for the partial restoration 
of salaries and compensation of state officers and employees 
under chapter one hundred and ninety-four of the acts of the 
current year, there is hereby appropriated the sum of four 
hundred and eighty thousand dollars, of which not more than 
fifty-six thousand dollars shall be taken from the Highway 
Fund, not more than thirty-two thousand dollars from funds 
of the metropolitan district commission and the balance from 
the General Fund, the same to be in addition to any ap- 
propriations heretofore made for such salaries and compen- 
sation. 

For the purpose of apportioning the appropriation made 
hereby, each sum expressed by section two of chapter one 
hundred and sixty-two of the acts of the current year to be 
available in whole or in part for personal services shall be 
increased by such amount as will make available for salaries 
and compensation covered thereby so much as is required to 
provide for any increases in such salaries and compensation 
under authority of said chapter one hundred and ninety-four. 
The state comptroller, in setting up such items for personal 



276 Acts, 1934. — Chaps. 214, 215. 

services on the appropriation ledger in his bureau, shall take 
as the amounts appropriated therefor by said section two and 
this act the said sums as increased as aforesaid, and he shall 
forthwith notify each officer having charge of any office, de- 
partment or undertaking which receives such an appropria- 
tion for personal services of the amount thereof as so set up. 
The division of personnel and standardization shall furnish, 
upon the request of the state comptroller, all necessary 
assistance in carrying out the provisions of this act. 

Section 2. This act shall take effect upon its passage. 

Approved May 16, 1934. 



ChaV 214 -^^ ^^^ RELATIVE TO RESIDENTIAL REPRESENTATION OF THE 
METROPOLITAN WATER DISTRICT IN THE MEMBERSHIP OF 
CERTAIN BOARDS OF REFEREES ACTING UNDER THE METRO- 
POLITAN DISTRICT WATER SUPPLY ACT, SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter three hundred and 
twenty-one of the acts of nineteen hundred and twenty- 
seven is hereby amended by striking out the sentence con- 
tained in the seventy-fourth to eighty-second lines, inclusive, 
and inserting in place thereof the following: — A justice of 
the supreme judicial court, during a sitting of the court or in 
vacation, upon application by the commission or any other 
party in interest and after pubhcation, or such other notice 
as the court may order, shall from time to time as the need 
may exist appoint one or more boards of referees, each con- 
sisting of three disinterested persons, of whom one shall be a 
resident of the metropolitan water district, for the determi- 
nation of damages, and may after notice and hearing of any 
parties interested, fill any vacancy on such boards. 

Section 2. Appointments to fill vacancies occurring in 
any board of referees constituted under said section five prior 
to the effective date of this act shall conform to the provisions 
of said section, as amended by section one of this act. 

Approved May 16, 1934. 



Chav 215 -^^ ^^^ placing the office of superintendent of the 

INFIRMARY OF THE TOWN OF DEDHAM UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of the infirmary 
of the town of Dedham shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations, and the tenure of office of any incumbent thereof 
shall be unlimited, except that he may be removed in accord- 
ance with such laws and rules and regulations; provided, that 
the present incumbent of said office may continue to serve 
as such without taking a civil service examination. 



Acts, 1934. — Chaps. 216, 217. 



277 



Section 2. This act shall be submitted for acceptance to 
the registered voters of the town of Dedham at the state 
election in the current year in the form of the following ques- 
tion which shall be placed upon the official ballot to be used 
in said town at said election: "Shall an act of the general 
court passed in the current year, entitled ' An Act placing the 
office of superintendent of the infirmary of the town of 
Dedham under the civil service laws', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to said question, this act shall thereupon take 
effect, but not otherwise. Approved May 16, 1934- 



An Act regulating the importation of fresh swordfish. Chap. 216 

Be it enacted, etc., as follows: 

Chapter ninety-four of the General Laws is hereby amended S;,^- ('^^'■• 



, . . . . , Ed.), 94, 

by msertmg after section seventy-seven, as appearing m the new section 
Tercentenary Edition, the following new section : — Section 
77 A. No person shall import, or cause to be imported, into 
this commonwealth for purposes of sale, any fresh swordfish 
unless properly packed in boxes, crates or barrels and so 
iced as to prevent the same from becoming infected, con- 
taminated or unwholesome. Approved May 16, 1934. 



11 A, added. 
Importation 
of fresh 
.swordfish 
regul.ated. 



An Act to prohibit the payment of double salaries to Qhav 217 
certain court officials. 



Be it enacted, etc., as follows: 

Section 1. Section nine of chapter two hundred and 
eighteen of the General Laws, as appearing in the Tercen- 
tenary Edition, is hereby amended by adding at the end 
thereof the following sentence : — If the person so appointed 
holds an office or position, the salary or compensation for 
which is paid out of the treasury of the commonwealth, or 
of a county, or of a municipality, he shall not receive the 
salary of both offices or positions during the period of such 
temporary service. 

Section 2. Section eighty-nine of chapter two hundred 
and seventy-six of the General Laws, as so appearing, is 
hereby amended by adding at the end thereof the following 
sentence : — If the person so appointed holds an office or 
position, the salary or compensation for which is paid out of J,X''ers''" 
the treasury of the commonwealth, or of a county, or of a 
municipality, he shall not receive the salary of both offices or 
positions during the period of such temporary service. 

Approved May 16, 1934. 



G. h. (Ter. 
Ed.), 218, 
§ 9, amended. 



Temporary 
clerks in dis- 
trict courts. 



G. L. (Ter. 
Ed.), 276, 
§ 89, amended. 



Temporary 



278 



Acts, 1934. — Chap. 218. 



G. L. (Ter. 
Ed.), 60, 
§ 62, etc., 
amended. 



Kedeiuption 
of land 
taken or sold 
for taxes. 



Chap. 218 An Act relative to the redemption by instalment pay- 
ments OF LAND taken OR SOLD FOR NON-PAYMENT OF 
TAXES. 

Be it enacted, etc., as follows: 

Section sixty-two of chapter sixty of the General Laws, as 
most recently amended by section ten of chapter three 
hundred and twenty-five of the acts of nineteen hundred and 
thirty-three, is hereby further amended by striking out, in 
the twelfth line, the word "fifty" and inserting in place 
thereof the word: — twenty-five, — by inserting after the 
word "instalment" in the twenty-second line the words: — 
and subsequent instalments, — and by striking out, in the 
twenty-second and twenty-third hnes, the words "fifty per 
cent and a sfecond instahnent of" and inserting in place 
thereof the words: — twenty-five per cent each totaling, — 
so that the first paragraph will read as follows: — Any person 
having an interest in land taken or sold for non-payment of 
taxes, including those assessed under sections twelve,thirteen 
and fourteen of chapter fifty-nine, or his heirs or assigns, at 
any time prior to the filing of a petition for foreclosure under 
section sixty-five, if the estate has been taken or purchased 
by the town, may redeem the same by paying or tendering 
to the treasurer the amount of the tax and all intervening 
taxes, with all costs, charges and fees, and interest at eight 
per cent per annum on the whole, or may pay or tender to 
the treasurer not less than twenty-five per cent of the tax 
for the non-payment of which the estate was taken or pur- 
chased, together with all costs, charges and fees, and interest 
as aforesaid on the whole amount of the tax title account 
then due, which payment shall be received, receipted for, and 
applied toward the redemption of the estate so taken or pur- 
chased. From time to time thereafter prior to the filing of 
such petition for foreclosure, such person may likewise pay 
or tender, successively in the order of their date, the balance 
of the tax of which partial payment was made and a first in- 
stalment and subsequent instalments of not less than twenty- 
five per cent each totaling the balance, if any, of each year's 
tax which at the time of payment or tender of such instal- 
ment has been added to the tax title account under sections 
fifty and sixty-one, until all taxes upon the property which 
have been added to the tax title account are paid or tendered 
in full, whereupon such estate shall be redeemed. Each pay- 
ment or tender hereunder shall include, in addition to the 
tax or part of a tax paid, all intervening costs, charges, fees 
and interest which at the time of such payment or tender 
have become part of the tax title account. The treasurer 
upon accepting any payment hereunder may extend the 
time during which proceedings for the foreclosure of all 
rights of redemption may not be instituted, for a period not 
exceeding one year beyond the time provided by section 
sixty-five; but not more than one such extension shall be 



sanatoria. 



Acts, 1934. — Chap. 219. 279 

granted. An extension granted hereunder shall be entered 
upon the tax title account, and a written statement thereof 
shall be given to the person who made the payment. 

Approved May 16, 1934. 



An Act relative to charges for the support of inmates Chap. 219 
OF state sanatoria for which the town of settlement 
IS liable. 

Be it enacted, etc., as follows: 

Section sixty-six of chapter one hundred and eleven of the ^^j^- ^^^\^- 
General Laws, as appearing in the Tercentenary Edition s <;(;.' ampmipd. 
thereof, is hereby amended by striking out, in the twenty- 
third, twenty-fourth and twenty-fifth lines, the following: 
— ", but the total amount including such charges shall not 
be less than the cost to the commonwealth for the support 
of such adult inmate", — so as to read as follows: — Section cimrges for 
66. The charges for the support of each inmate in a state fii'matlsof 
sanatorium shall be seven dollars a week, and shall be paid state^ 
quarterly. Such charges for those not having known settle- 
ments in the commonwealth shall be paid by it, and may 
afterward be recovered by the state treasurer of the inmates, 
if they are able to pay, or of any person or kindred bound 
by law to maintain them, or of the place of their settlement 
subsequently ascertained ; but for those having known settle- 
ments in the commonwealth, the charges shall be paid either 
by the persons bound to pay them or by the town where such 
inmates had their settlement, unless security to the satisfac- 
tion of the commissioner is given for their support. If any 
person or town refuses or neglects to pay such charges the 
state treasurer may recover the same to the use of the sana- 
torium. A town which pays the charges for the support of an 
inmate of a state sanatorium shall have like rights and 
remedies to recover the amount thereof, with interest and 
costs, from the town of his settlement or from such person of 
sufficient ability, or from any person bound by law to main- 
tain him, as if such charges had been incurred in the ordinary 
support of such inmate. If in any case the charges, as estab- 
Hshed by this section, for the support of an adult inmate are 
not paid in accordance with this section by the inmate or by 
the persons bound to pay them and a town becomes liable to 
pay them, such town shall be liable to pay such sum, in ad- 
dition to such charges, as shall be fixed by the department. 
In such a case, the provisions of this section relative to the 
recovery of charges by the state treasurer, and by a town 
from the town of settlement, shall apply to the recovery of 
such total amount. This section shall not apply to patients 
received under any contract made under authority of section 
seventy-nine. In all proceedings under this section, the 
sworn written statement of a person that he is the superin- 
tendent of a state sanatorium or that he keeps or has custody 
of records of accounts of inmates thereof, and that a certain 



280 Acts, 1934. — Chaps. 220, 221. 

person has been an inmate therein during a certain period 
at a certain charge and that no satisfactory security was 
given shall be prima facie evidence of the said facts. 

Approved May 17, 193 J^. 



Chaj) 220 ^^ '^^'^ PROVIDING for more prompt action by the city 

COUNCIL OF BOSTON ON LOAN ORDERS PRESENTED BY THE 
MAYOR. 

Be it enacted, etc., as follows: 

Section two of chapter four hundred and eighty-six of the 
acts of nineteen hundred and nine, as amended by chapter 
one hundred and thirteen of the acts of nineteen hundred 
and thirty-three, is hereby further amended by adding at 
the end thereof the following: — If a petition signed by six 
members of the council requesting that action be taken forth- 
with upon a loan order presented by the mayor is filed in 
the office of the city clerk not earlier than fourteen days 
after its presentation, action shall be taken by the yeas and 
nays on the question of the adoption of such loan order at 
the next meeting of the council, or, if one vote has already 
been taken thereon, at the next meeting after the expiration 
of the required interval after such vote; provided, that such 
action thereon has not sooner been taken or such loan order 
has not been withdrawn by the mayor. 

Approved May 17, 1934. 

Chap. 221 An Act relative to the taxation of the central credit 

UNION fund, inc. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and sixteen of the acts 
of nineteen hundred and thirty-two is hereby amended by 
adding at the end thereof the following new sentence : — The 
corporation shall be exempt from all state and local taxation 
except in respect to any real estate owned and/or used by it 
for its corporate purposes, — • so as to read as follows : — 
Section 1. The Industrial Credit Union, the Gilco Credit 
Union and the Progressive Workmen's Credit Union, their 
associates and successors, are hereby made a corporation by 
the name of Central Credit Union Fund, Inc., hereinafter re- 
ferred to as the corporation, to be located in the city of 
Boston. It shall be the purpose of the corporation to assist 
such credit unions as become members thereof, when they 
are temporarily in need of cash or hold investments which 
cannot readily be liquidated, by making loans to them or 
any of them, and it shall have the rights and powers and be 
subject to the duties and obhgations hereinafter provided. 
The corporation shall be exempt from all state and local 
taxation except in respect to any real estate owned and/or 
used by it for its corporate purposes. 

Approved May 17, 1934. 



Acts, 1934. — Chaps. 222, 223, 224. 281 



An Act authorizing the city of malden to pension (Jhav 222 

CHARLES E. BULLARD. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden may retire Charles E. 
Bullard, for thirty-seven years inspector of plumbing of said 
city, on an annual pension of eleven hundred and fifty dollars 
payable in equal monthly instalments. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter. 

(This bill, returned 6?/ the governor to the House of Represen- 
tatives, the branch in which it originated, with his objections 
thereto, was passed by the House of Representatives, May 14, 
1934, ci'i^d, in concurrence, by the Senate, May 17, 1934, ^he 
objections of the governor notwithstanding, in the manner pre- 
scribed by the constitution; and thereby has "the force of a law".) 



Chap. 223 



An Act authorizing the city of malden to pension 
john cullen. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden may pay a pension of 
eight hundred and fifty dollars a year, payable in equal 
monthly instalments, to John Cullen, a former employee of 
said city in its building department and now incapacitated 
and unfit for further service by reason of injuries received 
while so employed. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter. 

(This bill, returned by the governor to the House of Represen- 
tatives, the branch in which it originated, with his objections 
thereto, was passed by the House of Representatives, May I4, 
1934, and, in concurrence, by the Senate, May 17, 1934, the 
objections of the governor notwithstanding, in the manner pre- 
scribed by the constitution; and thereby has "the force of a 
law".) 



An Act authorizing the county commissioners of essex rjj^an 224 

COUNTY TO RAISE AND EXPEND MONEY FOR THE CONSTRUC- ^" 

TION OF A WATER STORAGE TANK AND SPRINKLER SYSTEM 
AT THE ESSEX COUNTY TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. Subject to the approval of the department of 
public health, the county commissioners of Essex county, 
acting as trustees of the Essex county tuberculosis hospital 
district, may expend a sum not exceeding thirty-five thousand 
dollars for the purpose of constructing a water storage tank 
and originally equipping the main hospital and accessory 



282 Acts, 1934. — Chap. 225. 

building with sprinklers in order more effectively to protect 
its patients and employees. 

Section 2. For the purposes aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow from time to time upon the credit of the county 
such sums as may be necessary, but not exceeding thirty- 
five thousand dollars in the aggregate, and may issue tem- 
porary notes of the county therefor, payable in not more 
than one year from their dates of issue. 

Section 3. Upon completion of the project herein 
authorized, the county treasurer shall, with the approval of 
the county commissioners, issue bonds or notes of the county, 
in a total not to exceed thirty-five thousand dollars, which 
shall bear on their face the words, Essex County Tuberculosis 
Hospital Loan, Act of 1934; and such bonds or notes shall be 
payable in not more than five years from their dates. Such 
bonds or notes shall be signed by the treasurer of the county 
and countersigned by a majority of the county commis- 
sioners. Said securities may be sold at public or private sale 
upon such terms and conditions as the said treasurer and 
county commissioners may deem proper, but not for less 
than their par value. All money so borrowed shall be de- 
posited in the county treasury, and the county treasurer 
shall pay out the same as ordered by the county commissioners 
for the payment of any temporary loans authorized by sec- 
tion two and/or the cost of the project authorized by section 
one. The county treasurer shall keep a separate account of 
all moneys so borrowed and expended. Indebtedness in- 
curred under this act shall, except as herein provided, be 
subject to chapter thirty-five of the General Laws. 

Section 4. All sums necessary to meet interest pay- 
ments on bonds or notes issued under this act and payments 
on account of principal as the same mature shall be assessed 
upon the cities and towns of said county constituting the 
hospital district in accordance with section eighty-five of 
chapter one hundred and eleven of the General Laws. 

Section 5. This act shall take effect upon its passage. 

Approved May 23, 1934. 



Chap. 225 An Act providing for the inclusion of certain territory 

IN the town of LEXINGTON WITHIN THE NORTH METRO- 
POLITAN SEWERAGE SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. That portion of the town of Lexington which 
is not now included within either metropolitan sewerage 
system, as defined in section one of chapter ninety-two of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby included in the north metropolitan sewerage system. 
Said town, in respect to the territory referred to in the pre- 
ceding sentence, shall be subject to and conform to the duties 
and requirements, and shall have and enjoy the rights and 



Acts, 1934. —Chaps. 226, 227. 283 

privileges, imposed or conferred by the provisions of said 
chapter ninety-two, as so appearing, relative to said north 
metropolitan sewerage system; and the proportionate finan- 
cial liability incurred by the inclusion of such territory in such 
system shall be assumed by said town. 

Section 2. This act shall take effect upon its passage. 

Approved May 23, 1934. 

An Act authorizing the town of dunstable to borrow Chap. 226 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1, For the purpose of purchasing and installing 
a new heating plant in the central school building, the town 
of Dunstable may borrow from time to time, within a period 
of five years from the passage of this act, such sums as may 
be necessary, not exceeding, in the aggregate, five thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Dunstable School Loan, Act of 
1934. Each authorized issue shall constitute a separate loan, 
and such loans shall be paid in not more than ten years from 
their dates, but no issue shall be authorized under this act 
unless a sum equal to an amount not less than ten per cent 
of such authorized issue is voted for the same purpose to be 
raised by the tax levy of the year when authorized. Indebted- 
ness incurred under this act shall be inside the statutory limit, 
but shall, except as provided herein, be subject to chapter 
forty-four of the General Laws, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Section 2. This act shall take effect upon its passage. 

Approved May 23, 1934. 



An Act relative to executive departments in the city Qfiap. 227 
OF boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and eighty-six of the 
acts of nineteen hundred and nine is hereby amended by 
striking out section five, as affected by chapter two hundred 
and twenty-two of the Special Acts of nineteen hundred and 
nineteen and chapter three hundred and eighty-nine of the 
acts of nineteen hundred and twenty-eight, and inserting in 
place thereof the following : — Section 5. Except as other- 
wise provided in this act, the organization, powers and duties 
of the executive departments of the city shall remain as con- 
stituted at the time when this section takes effect; but the 
mayor and city council at any time may by ordinance reorgan- 
ize, consoHdate or aboHsh, in whole or in part, departments 
whether created on or before or subsequent to the first 
Monday of February in the year nineteen hundred and ten, 
including the transit department; transfer the duties, powers 



284 Acts, 1934. — Chap. 228. 

and appropriations of one department to another in whole or 
in part; and estabUsh new departments; and may increase, 
reduce, estabHsh or abohsh salaries of heads of departments, 
or members of boards. Nothing in this act shall authorize the 
abolition or the taking away of any of the powers or duties 
as established by law of the school committee, the board of 
commissioners of school buildings, the department of school 
buildings, the election department or any department in 
charge of an official or officials appointed by the governor. 
Section 2. This act shall take effect upon its passage. 

Approved May 23, 1934. 



Chav 228 ^^ ^^'^ relative to annual increments and sliding 
scales of salaries in the city of boston and county 
of suffolk. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Boston 
may, notwithstanding the provisions of chapter one hundred 
and twenty-one of the acts of nineteen hundred and thirty- 
three, with the approval of the mayor of Boston, reinstate 
as of January first, nineteen hundred and thirty-four, for the 
balance of the school year which commenced September 
first, nineteen hundred and thirty-three, and may thereafter 
continue in force and effect for subsequent years, without 
such approval, the annual increments provided for in the 
schedule of annual increments of salaries which was most 
recently operative prior to the year nineteen hundred and 
thirty-four with respect to every office and position in the 
school department; provided, however, that such salaries as 
so increased shall be subject to the same percentage of salary 
reductions as that to which other salaries of equal amount have 
been subjected pursuant to the provisions of said chapter 
one hundred and twenty-one. 

Section 2. The mayor of the city of Boston may, by 
executive order, reinstate as of and from January first, 
nineteen hundred and thirty-four, the annual increments 
provided for in the sliding scales of salaries which were most 
recently operative prior to the year nineteen hundred and 
thirty-four with respect to every office and position in the 
service of said city, other than in the school department, and 
in the service of the county of Suffolk, the salary of which is 
paid from the treasury of the city of Boston, and when so 
reinstated said annual increments provided for in the sliding 
scales of salaries may be continued, notwithstanding the 
provisions of said chapter one hundred and twenty-one; 
provided, however, that such salaries as so increased shall be 
subject to the same percentage of salary reductions as that to 
which other salaries of equal amount have been subjected 
pursuant to the provisions of said chapter. 

Section 3. This act shall take effect upon its passage. 

Approved May 23, 1934. 



Acts, 1934. — Chap. 229. 



285 



G. L. (Ter. 
Ed.), 44, 
new section 
56A, added. 

Financial 
year of cities. 



Temporary 
))rovisions 
relative to 



An Act relative to the financial year of cities. Chap. 229 
Be it enacted, etc., as follows: 

Section 1. Chapter forty-four of the General Laws is 
hereby amended by inserting after section fifty-six, as ap- 
pearing in the Tercentenary Eldition, the following new sec- 
tion: — Section 56 A. The financial year of all cities of the 
commonwealth shall end on December thirty-first, notwith- 
standing the provisions of their respective charters, and the 
returns made to the director under section forty-three shall 
show the financial condition of the city at the close of business 
on that day; provided, that the treasurer shall, until January 
tenth, enter in the books all items for the payment of bills 
incurred and salaries and wages earned during the previous 
year, and expenditures therefor shall be deemed to be as of 
December thirty-first preceding. 

Section 2. In every city whose financial year is changed 
by section one, the period of time between the end of its 
current financial year and the end of the current calendar year '^pp^'op'-'at'ons. 
shall be included as a part of its financial year ending on 
December thirty-first, nineteen hundred and thirty-five. In 
approving or disapproving appropriations for the financial 
year of nineteen hundred and thirty-five under section five 
of chapter three hundred and seven of the acts of nineteen 
hundred and thirty-three in any such city which shall not have 
repaid in full all loans from the commonwealth under said 
chapter three hundred and seven, the emergency finance 
board, established under section one of chapter forty-nine 
of the acts of nineteen hundred and thirty-three, shall not 
take into consideration any appropriations for that part of 
said financial year preceding January first, nineteen hundred 
and thirty-five. 

Section 3. Any city whose financial year is changed by same subject. 
section one may borrow subject to the approval of said 
emergency finance board, during the year nineteen hundred 
and thirty-four, outside its debt limit as established by 
section ten of said chapter forty-four, as appearing in the 
Tercentenary Edition, a sum not in excess of the amount 
necessary to provide for ordinary maintenance, including 
maturing interest and debt, during that part of the financial 
year of nineteen hundred and thirty-five preceding January 
first, nineteen hundred and thirty-five, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
(Name of City) Municipal Financial Year Adjustment Loan, 
Act of 1934. Each authorized issue shall constitute a separate 
loan and such loans shall be paid in not more than five years 
from their dates. Except as herein provided, indebtedness 
incurred hereunder shall be subject to said chapter forty- 
four, as so appearing, exclusive of the limitation contained 
in the first paragraph of section seven thereof. 

Approved May 23, 1934. 



286 Acts, 1934. — Chaps. 230, 231. 



Chap. 230 An Act relative to the erection and equipment of a 

NEW HOUSE OF CORRECTION AND JAIL FOR BARNSTABLE 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Barnstable may erect and equip a suitable building or build- 
ings for a house of correction and jail and for farm buildings 
to be used in connection therewith and may acquire in fee by 
purchase, or by eminent domain under chapter seventy-nine 
of the General Laws, such land as is in their opinion necessary 
therefor, but the cost of such land, buildings and equipment 
shall not exceed one hundred and sixty thousand dollars. 

Section 2. For the purpose of making payment for the 
land and for the erection and equipment of the buildings 
authorized under section one, the county treasurer of Barn- 
stable county, with the approval of the county commissioners, 
may borrow from time to time upon the credit of the county 
such sums as may be necessary, but not exceeding one hun- 
dred and sixty thousand dollars in the aggregate, and may 
issue temporary notes of the county therefor, payable in not 
more than one year from their date of issue. 

Section 3. Upon completion of the project herein author- 
ized, the county treasurer shall, with the approval of the 
county commissioners, issue notes or bonds of the county, in 
a total amount not to exceed one hundred and sixty thousand 
dollars, which shall bear on their face the words. County of 
Barnstable House of Correction Loan, Act of 1934 ; and such 
notes or bonds shall be payable in not more than fifteen years 
from their dates of issue. Such notes or bonds shall be signed 
by the treasurer of the county and countersigned by a ma- 
jority of the county commissioners. The county may sell the 
said securities at pubhc or private sale upon such terms and 
conditions as the county commissioners may deem proper, 
but not for less than their par value. Receipts from the sale 
of such notes or bonds shall be applied to the payment of costs 
of construction and/or to the payment of any temporary 
loans authorized under section two. Indebtedness incurred 
under this act shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 4. This act shall take effect upon its acceptance, 
within two years of its passage, by the county commissioners 
of said county. Approved May 23, 1934. 



Chap. 231 "A^ ^^'^ providing a penalty for subsequent offences 

OF IMPORTING, PRINTING, PUBLISHING, SELLING OR DIS- 
TRIBUTING OBSCENE LITERATURE, PICTURES AND THE LIKE. 

Be it enacted, etc., as follows: 

G. L. rrer. Sectiou twenty-eight of chapter two hundred and seventy- 

§ 2'8,' amended, two of the General Laws, as appearing in the Tercentenary 



Acts, 1934. — Chap. 232. 



287 



Edition, is hereby amended by inserting after the word "shall" 
in the tenth line the words : — , f or a first offence, — and by 
inserting after the word "both" in the twelfth fine the 
words : — , and for a subsequent offence by imprisonment for 
not less than six months nor more than two and one half 
years or by a fine of not less than two hundred nor more than 
two thousand dollars, or both, — so as to read as follows : — 
Section 2S. Whoever imports, prints, pubhshes, sells or Penalty for 
distributes a book, pamphlet, ballad, printed paper or other sare^^etc!" "" 
thing which is obscene, indecent or impure, or manifestly obscene ' 
tends to corrupt the morals of youth, or an obscene, indecent 
or impure print, picture, figure, image or description, mani- 
festly tending to corrupt the morals of youth, or introduces 
into a family, school or place of education, or buys, procures, 
receives or has in his possession any such book, pamphlet, 
ballad, printed paper, obscene, indecent or impure print, 
picture, figure, unage or other thing, either for the purpose of 
sale, exhibition, loan or circulation or with intent to intro- 
duce the same into a family, school or place of education, 
shall, for a first offence, be punished by imprisonment for not 
more than two years or by a fine of not less than one hundred 
nor more than one thousand dollars, or both, and for a 
subsequent oftence by imprisonment for not less than six 
months nor more than two and one half years or by a fine of 
not less than two hundred nor more than two thousand 
dollars, or both. Approved May 23, 1934. 



An Act relative to the labelling of packages of Chap. 232 

ALCOHOLIC beverages W^ITH RESPECT TO THEIR CONTENTS. 



G. L. 
Ed.), 



amended. 



Be it enacted, etc., as follows: 

Section twenty-four of chapter one hundred and thirty- 
eight of the General Laws, as appearing in section two of § 24, etc 
chapter three hundred and seventy-six of the acts of nineteen 
hundred and thirty-three, is hereby amended by inserting 
after the word "beverages" in the twelfth line the follow- 
ing : — , and shall, with like approval, make regulations, not 
inconsistent with federal laws and regulations, governing the 
labelling of packages of alcoholic beverages as to their ingre- 
dients and the respective quantities thereof, — so that the 
first sentence will read as follows : — The commission shall, 
with the approval of the governor and council, make regula- 
tions not inconsistent with the provisions of this chapter for 
clarifying, carrying out, enforcing and preventing violation 
of, all and any of its provisions, for inspection of the premises 
and method of carrying on the business of any licensee, for 
insuring the purity, and penalizing the adulteration, or in 
any way changing the quality or content, of any alcoholic 
beverage, for the proper and orderly conduct of the licensed 
business, for establishing maximum prices chargeable by 
hcensees under this chapter, and regulating all advertising 
of alcoholic beverages, and shall, with like approval, make 
regulations, not inconsistent with federal laws and regula- 



(Ter. 
138, 



Labelling of 
packages of 
alcoholic 
beverages. 



288 



Acts, 1934. — Chaps. 233, 234. 



tions, governing the labelling of packages of alcoholic bever- 
ages as to their ingredients and the respective quantities 
thereof. Approved May 23, 1934. 



G. L. (Ter. 
Ed.), 149, 
new section 
23A, added. 

Use of armed 
guards during 
strikes, etc., 
regulated. 



Chap. 233 An Act regulating the employment of armed guards in 

CONNECTION WITH STRIKES, LOCKOUTS AND OTHER LABOR 
TROUBLES. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-nine of the General Laws 
is hereby amended by inserting after section twenty-three, as 
appearing in the Tercentenary Edition, the following new 
section : — Section 23 A . No person, during the continuance 
of a strike, lockout or other labor trouble among his employees 
or those of another person, shall directly or indirectly employ 
or procure for the protection of such employees any armed 
guards other than watchmen regularly employed by such 
person, police officers or persons licensed under sections 
twenty-three to thirty, inclusive, of chapter one hundred and 
forty-seven or employees of such licensees; provided, that the 
foregoing shall not authorize the emplojdng or procuring as 
aforesaid of any such licensee unless he shall have been so 
licensed at least two months prior to the commencement of 
such labor trouble, or of any employee of such a licensee 
unless such employee is a citizen of Massachusetts, and shall 
not have been convicted of a felony. Any person violating 
this section shall be punished by a fine of not more than five 
hundred dollars or by imprisonment for not more than six 
months, or both. Approved May 23, 1934. 



Ch -n 9*^4- ^^ "^^^ RELATIVE TO THE CUTTING OF THE MUSCLES OR TEN- 
i^fiap. ZO^ DONS OF horses' TAILS AND TO THE SHOWING OR EXHIBITING 

OF HORSES WHOSE TAILS HAVE BEEN SO CUT OR HAVE BEEN 

DOCKED. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventy-two of the 
General Laws is hereby amended by striking out section 
eighty, as appearing in the Tercentenary Edition thereof, and 
inserting in place thereof the two following sections : — 
Section 79 A. Whoever cuts the bone of the tail of a horse for 
the purpose of docking the tail, or whoever causes or knowing- 
ly permits the same to be done upon premises of which he is 
the owner, lessee, proprietor or user, or whoever assists in or 
is present at such cutting, shall be punished by imprisonment 
for not more than one year or by a fine of not less than one 
hundred nor more than three hundred dollars; and whoever 
cuts the muscles or tendons of the tail of a horse for the pur- 
pose of setting up the tail, or whoever causes or knowingly 
permits the same to be done upon premises of which he is the 
owner, lessee, proprietor or user, or whoever assists in or is 
present at such cutting, shall be punished by a fine of not 



G. L. (Ter. 
Ed.), 272, 
§ 80, 

amended ; 
two new 
sections 79A 
and 79B, 
inserted. 

Mutilation 
of horses 
prohibited. 



Acts, 1934. — Chap. 235. 



289 



I']\liibilioii of 
iniitilalcd 
horses 
foibidilen. 



more than two hundred and fifty dollars. If a horse is found 
with the bone of its tail cut as aforesaid or with the muscles 
or tendons of its tail cut as aforesaid, and with the wound 
resulting from such cutting unhealed, upon the premises or 
in the charge and custody of any person, such fact shall be 
prima facie evidence of a violation of this section by the owner 
or user of such premises or the person having such charge or 
custody, respectively. 

Section 79B. Whoever shows or exhibits at any horse show 
or exhibition in the commonwealth a horse with its tail cut 
in either manner prohibited in section seventy-nine A shall 
be punished by a fine of not more than two hundred and fifty 
dollars. 

Section 2. The provisions of section one shall not pro- Exceptions 
hibit the showing or exhibiting at a horse show or exhibit of a 
horse with its tail cut in either manner prohibited by section 
one, if the owner of such horse furnishes to the manager or 
other ofiicial having charge of the horse show or exhibition 
at which it is shown or exhibited an affidavit by the owner, 
in a form approved by the director of the division of animal 
industry of the department of conservation, that the tail of 
such horse was so cut prior to the passage of this act. Said 
affidavit shall state the sex and age of the horse and describe 
its markings, if any, and shall be subject to inspection by any 
officer or agent mentioned in section eighty-four of said 
chapter two hundred and seventy-two, as so appearing. 

Approved May 23, 1934. 



An Act relating to the seizure and forfeiture of Chap. 235 

MONEYS USED IN UNLAWFUL GAMING. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
seventy-six of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by inserting after the 
word "property" in the forty-sixth line the words: — -, in- 
cluding money, — so that the clause numbered Eleventh will 
read as follows : — 

Eleventh, Gaming apparatus or implements used or kept 
and provided to be used in unlawful gaming in any gaming 
house, or in any building, apartment or place resorted to 
for the purpose of unlawful gaming, and the furniture, fix- 
tures and personal property, including money, found in such 
place at a time when persons are engaged in unlawful gaming. 

Section 2. Section seven of said chapter two hundred 
and seventy-six, as so appearing, is hereby amended by 
inserting after the word "county" in the tenth line the words: 
— , all moneys seized shall be paid to the state treasurer, — 
so as to read as follows : — Section 7. If, upon the trial, the 
property is adjudged forfeited, the type, forms, press, wood- 
cuts, raw material and mechanical apparatus described in 
clause eight of section one, the dies, plates, brands, moulds, 



G. L. (Ter. 
Ed.), 276, 
§ ] , amende 



Search war- 
rants for 
gaming 
apparatus, 
etc., issue of. 



G. L. (Ter. 
Ed.), 270, 
§ 7, amended. 



Sale or 
destruction 
of property 
seized. 



290 Acts, 1934. — Chap. 235. 

engravings, printing presses, types or other tools, machines 
or materials described in clause five of said section, the raw 
materials, tools, machinery, implements, instruments and 
personal property described in clause nine of said section, and 
all furniture, fixtures and personal property described in 
clause eleven of said section, or so much thereof as the court 
or justice may order, shall be sold by the sheriff and the pro- 
ceeds paid to the county, all moneys seized shall be paid to 
the state treasurer, and the remainder of the property shall 
be destroyed as the court or justice may order. The court 
or justice may order any article not found to have been un- 
lawfully used or intended for unlawful use, or any article un- 
lawfully used without the knowledge of its owner, lessor or 
mortgagee, to be deHvered to the party legally entitled to 
its possession. 
G. h. (Ter. SECTION 3. Sectiou twcuty-threc of chapter two hundred 

§^2'3,' amended. ^^^ seveuty-oue of the General Laws, as so appearing, is 
hereby amended by inserting after the word "property" in 
the twenty-first and in the twenty-second lines, in each in- 
stance, the words : — , including money, — so as to read as 
Common f ollo ws : — Sectiofi 23. If a person makes oath before a dis- 

housesfetc, trict court or a trial justice that he suspects or has probable 
to be entered, cause to suspect that a house or other building, room or place 
is used as and for a common gaming house, for gaming for 
money or other property, or is occupied, used or kept for 
promoting a lottery, or for the sale of lottery tickets, or for 
promoting the game known as policy lottery or policy, or for 
the buying or selling of pools or registering of bets upon any 
race, game, contest, act or event, and that persons resort 
thereto for any such purpose, such court or trial justice, 
whether the names of the persons last mentioned are known 
to the complainant or not, shall, if satisfactory evidence is 
presented, issue a warrant commanding the sheriff or his 
deputy or any constable or police officer to enter such house, 
building, room or place, and to arrest the keepers thereof, all 
persons in any way assisting in keeping the same, whether as 
janitor, doorkeeper, watchman or otherwise, all persons who 
are there found participating in any form of gaming and all 
persons present whether so participating or not, if any lottery, 
policy or pool tickets, sfips, checks, manifold books or sheets, 
memoranda of any bet, or other implements, apparatus or 
materials of any form of gaming are found in said place, and 
to take into their custody all the implements, apparatus or 
materials of gaming, as aforesaid, and all the personal 
property, including money, furniture and fixtures there 
found, and to keep said persons, implements, apparatus or 
materials, property, including money, furniture and fixtures 
so that they may be forthcoming before some court or magis- 
trate to be dealt with according to law. The provisions of 
chapter two hundred and seventy-six relative to disposal of 
gaming articles seized upon search warrants shall apply to 
all articles and property seized as herein provided for. 

Ay-proved May 23, 1934. 



Acts, 1934. — Chaps. 236, 237. 



291 



An Act further regulating the transaction of the Chap. 236 

RETAIL DRUG BUSINESS. 



Be it enacted, etc., as follows: 

Chapter one hundred and twelve of the General Laws is 
hereby amended by striking out section thirty-eight, as 
appearing in the Tercentenary Edition, and inserting in place 
thereof the following new section : — Section 38. No store 
shall be kept open for the transaction of the retail drug 
business, or be advertised or represented as transacting such 
business, by means of any sign or advertisement containing 
the words "drug store", "pharmacy", "apothecary", "drug", 
"drugs", "medicine shop", or any combination of such words, 
or otherwise, unless it is registered with, and a permit therefor 
has been issued by, the board, as provided in the following 
section; provided, that said words, or any of them, may, with 
the written permission of the board, be used with respect to a 
store not registered with, and not having a permit issued by, 
the board as aforesaid, if in the town, or voting precinct 
thereof, where such store is located there is no store so 
registered and having such a permit. The permit shall be 
displayed in a conspicuous place in the store for which it is 
issued. The word "town", as used in this section, shall not 
include city. Approved May 28, 1934. 



G. L. (Ter. 
Ed.), 112, 
§ 38, amended. 



TiMnsnction 
of retail drug 
Imsiness 
rpKnlated. 



G. L. (Ter. 
Kd.), 63, 
§ 30, etc., 
amended. 



An Act relating to taxation of certain classes of Chap. 237 

FOREIGN CORPORATIONS IN RELATION TO CORPORATE 

EXCESS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty of chapter sixty-three of the 
General Laws, as most recently amended by section three of 
chapter three hundred and twenty-seven of the acts of nine- 
teen hundred and thirty-three, is hereby further amended 
by striking out the paragraphs contained in Hnes fifty-two to 
sixty-nine, inclusive, as appearing in the Tercentenary 
Edition, and also the paragraph amended by section four of 
chapter fifty-eight of the acts of nineteen hundred and 
thirty-three, and inserting in place thereof the following : — 

4. "Corporate excess employed within the common- 
wealth", by a foreign corporation, except as hereinafter pro- 
vided, such proportion of the fair value of its capital stock 
on the last day of the taxable year as defined in paragraph 
six of this section, as the value of the assets, both real and 
personal, employed in any business within the commonwealth 
on that date, after deducting therefrom the value of (a) and 
(6) following, bears to the value of the total assets of the 
corporation on said date: 

(a) Works, structures, real estate, motor vehicles, machin- 
ery, poles, underground conduits, wires and pipes owned by it 
within the commonwealth subject to local taxation, except 



Taxation of 
certain 
foreign 
corporations. 



292 



Acts, 1934. — Chaps. 238, 239. 



Effective date. 



such part of said real estate as represents the interest of a 
mortgagee. 

(6) Securities held in the commonwealth, the income of 
which, if any, if received by a natural person resident therein, 
would not be liable to taxation, except shares in national 
banks, voluntary associations, trusts and partnerships. In 
determining the proportion of assets employed within the 
commonwealth, the commissioner may include such bank 
deposits in other states as are employed principally in the 
conduct of the business in the commonwealth. 

If by reason of recent organization, or otherwise, the 
corporation is not required to make to the commissioner a 
return of net income for a taxable year, the value of the 
corporate excess employed in this commonwealth shall be 
determined as of the first day of April of the year in which the 
tax is to be assessed. 

Section 2. This act shall take effect January first, nine- 
teen hundred and thirty-five, and shall apply to taxes 
assessed in the year nineteen hundred and thirty-five and 
thereafter. Approved May 23, 1934. 



Char) 238 ^^ ^^'^ relative to use of trust funds for cemetery 

PURPOSES BY OVERSEERS OF MONTHLY MEETINGS OF 
FRIENDS OR QUAKERS. 

Be it enacted, etc., as follows: 

Section ten of chapter sixty-eight of the General Laws, as 
appearing in the Tercentenary Edition, is hereby amended 
by adding at the end of the section the following : — Such 
corporation may hold funds in trust and apply the income 
thereof to the improvement or embellishment of any cemetery 
owned or controlled by it or to the care, preservation or em- 
bellishment of any lot or its appurtenances. 

Approved May 23, 1934. 



a. L. (Ter. 

Ed.), 68, 

S ] 0, iimeuded. 

Oversfers of 
iiiotithly 
meetings of 
Friends or 
Quakers, 
use of certain 
trust funds by. 



Chav 239 -^^ ^^'^ subjecting the office of agent of soldiers' 

relief and state and MILITARY AID OF THE CITY OF 
BROCKTON TO THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of agent of soldiers' relief and state 
and military aid of the city of Brockton shall, upon the 
effective date of this act, become subject to the civil service 
laws and rules and regulations, and the term of office of any 
incumbent thereof shall be unlimited, except that he may be 
removed in accordance with such laws and rules and regu- 
lations; but the person holding said office on said effective 
date may continue therein without taking a civil service 
examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Brockton at the state 
election in the current year in the form of the following 



Acts, 1934. — Chaps. 240, 241. 293 

question which shall be placed upon the official ballot to be 
used in said city at said election: "Shall an act of the general 
court passed in the current year, entitled 'An act subjecting 
the office of Agent of Soldiers' Relief and State and Military 
Aid of the city of Brockton to the Civil Service Laws', be 
accepted?" If a majority of the votes cast on said question 
are in the affirmative, this act shall thereupon take full effect ; 
but not otherwise. Approved May 23, 1934. 

An Act authorizing the town of ipswich to borrow Chap. 240 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing a new high school building and originally 
equipping and furnishing said building, the town of Ipswich 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, fifty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Ipswich High School Loan, Act of 1934. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than fifteen years from their 
dates, but no issue shall be authorized under this act unless 
a sum equal to an amount not less than ten per cent of such 
authorized issue is voted for the same purpose to be raised 
in the tax levy of the year when authorized. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit, but shall, except as herein provided, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the registered voters of said town voting 
thereon by official ballot at an annual town meeting, or at a 
special town meeting called for the purpose, held within one 
3'^ear from the passage of this act. 

Approved May 23, 1934. 



An Act providing for semi-annual reports by the (JJkij) 241 
commissioner op banks as to progress of liquidation 
of certain banks. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-seven of the General Laws g. l. (Ter. 

is hereby amended by inserting after section thirty-five A, fxtH'slci-wn 

inserted by chapter three hundred and two of the acts of ^^s. added, 
nineteen hundred and thirty-three, the following new 

section : — Section 35B. The commissioner shall, whUe any Reports of 

such bank is in his possession, issue from time to time, at proce^ss'of 

intervals of not more than six months each, reports with i'qu'Jat''jn. 
respect to such bank containing a statement of its receipts 



294 



Acts, 1934. — Chaps. 242, 243. 



Emergency 
preamble. 



and expenclitures, and a general report as to the progress of 
its liquidation, including an estimate of the liquidating value 
of its remaining assets and liabilities appropriately classified. 
Said reports shall be available to the depositors, and to the 
stockholders or shareholders, if any, of such bank. 

Approved May 23, 1934. 

Chap. 242 An Act relative to a certain investigation by the 

SUPREME JUDICIAL COURT OR ANY OFFICER APPOINTED BY 
IT INTO FRAUDULENT AND IMPROPER PRACTICES BY AT- 
TORNEYS AT LAW. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

For the purposes of any investigation into certain fraudu- 
lent practices, professional abuses, illegal and unethical 
conduct of attorneys at law in connection with the solicita- 
tion, preparation, presentation or disposition of cases, in- 
cluding claims for personal injuries and property damage in 
negligence cases, whether or not based on a petition or report 
requesting or recommending the disbarment of an attorney 
or attorneys at law or other disciplinary action, which is now 
pending before the supreme judicial court or before any 
commissioner, special commissioner, master or other officer 
appointed by said court, said court or any such commissioner, 
special commissioner, master or other officer may require 
the attendance and testimony of witnesses and the produc- 
tion of books and papers relating in any way to such investi- 
gation, in the manner provided in chapter two hundred and 
thirty-three of the General Laws. No person shall be excused 
from attending and testifying in the course of such investi- 
gation, or from producing any books, papers or documents, 
either before said court or such commissioner, special com- 
missioner, master or other officer, on the ground that his 
testimony or evidence, documentary or otherwise, may tend 
to criminate him or subject him to a penalty or forfeiture; 
but he shall not be prosecuted or subjected to penalty or 
forfeiture for or on account of any action, matter or thing 
concerning which he may be required to testify or produce 
evidence, documentary or otherwise, in the course of such 
investigation, except for perjury committed in such testi- 
mony. Approved May 31, 1934. 



Chap. 243 An Act continuing and extending the existing pref- 
erence IN THE classified LABOR SERVICE TO PERSONS 
with DEPENDENTS. 



Emergency 
preamlile. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 



Acts, 1934. — Chap. 244. 295 

emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Chapter three hundred and sixteen of the acts of nineteen 
hundred and thirty-one, as most recently amended by 
chapter one hundred and ninety-four of the acts of nineteen 
hundred and thirty-three, is hereby further amended by 
striking out, in the second line, the word "thirty-four" 
and inserting in place thereof the word : — thirty-five, — 
so as to read as follows: — Until May fifteenth in the year 
nineteen hundred and thirty-five, the commissioner of civil 
service, on receipt of a requisition from the head of any 
department, board or commission of the commonwealth or 
of a city or town for temporary laborers in the classified 
labor service, shall, in certifying eligible applicants for 
positions in said service, give preference to persons so eligible 
who have one or more persons dependent upon them for 
support; provided, that in giving such preference veterans 
having such dependents shall be preferred over other persons 
so eligible for emplojmient and having such dependents. 
Employment under this act shall not be continued beyond 
the period named in the requisition, which period shall not 
exceed three months. No re-employment or further employ- 
ment shall be allowed at the end of such period, except by 
consent of the commissioner. Approved May 31, 1934. 



An Act further extending the time for performance Chap. 244 

BY the city of GLOUCESTER OF CERTAIN CONDITIONS 
RELATIVE TO THE CONSTRUCTION AND LEASING BY THE 
COMMONWEALTH OF A FISH PIER IN GLOUCESTER HARBOR. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose, therefore it is hereby declared to be an emer- J""^**™^'^- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section three of chapter three hundred and eleven of the 
acts of nineteen hundred and thirty-one, as amended by 
chapter one hundred and eighty-four of the acts of nineteen 
hundred and thirty-two, is hereby further amended by strik- 
ing out, in the second and ninth lines, the word "thirty-four" 
and inserting in place thereof, in each instance, the word : — 
thirty-six, — and by striking out, in the sixteenth line, the 
word "forty- three" and inserting in place thereof the word: — 
forty-six, — so as to read as follows: — Section 3. No work 
authorized by section one shall be done unless, prior to June 
first, nineteen hundred and thirty-six, the city of Gloucester 
shall effect the transfer to the commonwealth of property 
authorized by the preceding section and shall agree to con- 
struct at its own expense a road suitable for heavy trucking 
and extending from East Main street over Parker street in 



296 



Acts, 1934. — Chaps. 245, 246. 



said city to the site of the proposed pier, nor unless, prior to 
June first, nineteen hundred and thirty-six, a corporation 
incorporated under the laws of this commonwealth, herein- 
after called the lessee, shall agree to erect on said pier build- 
ings of fire proof construction and of a valuation of not less 
than three hundred thousand dollars and shall execute a 
lease of said pier for a term beginning on the date of the com- 
pletion by the department of the work authorized by section 
one and ending September thirtieth, nineteen hundred and 
forty-six. Said lease shall provide that the lessee shall pay 
to the commonwealth a rental at the rate of twenty-five 
thousand dollars per annum, and shall be subject to such 
provisions and conditions as may be agreed upon by the 
department and the lessee. Approved May SI, 1934- 



Chap. 245 An Act to extend the time within which the alcoholic 

BEVERAGES CONTROL COMMISSION SHALL APPROVE OR DIS- 
APPROVE CERTAIN LICENSES FOR THE SALE OF ALCOHOLIC 
BEVERAGES ISSUED BY LOCAL LICENSING AUTHORITIES. 



Kniergency 
preamble. 



G, L. (Ter. 
Ed.), 138, 
§ 2:!, etc., 
anienfled. 



Approval of 
licenses by 
alcoholic 
beverages 
control com- 
mission, 
time of 
approval. 



Whereas, The deferred operation of this act would defeat 
its purpose, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section twenty-three of chapter one hundred and thirty- 
eight of the General Laws, as appearing in section two of 
chapter three hundred and seventy-six of the acts of nineteen 
hundred and thirty-three, is hereby amended by striking 
out, in the seventy-first line, the word "June" and inserting 
in place thereof the word : — July, — so that the last para- 
graph will read as follows : — The provisions of sections 
twelve and fifteen requiring the prior approval of the com- 
mission to the granting of licenses thereunder shall not apply 
to licenses first granted under said sections; but no such 
license not approved by the commission on or before the first 
day of July, nineteen hundred and thirty-four, shall be valid 
after said date until so approved, and if disapproved by the 
commission prior to said date shall thereupon become void. 
The fee for licenses first granted under said sections, if for 
the entire calendar year nineteen hundred and thirty-four 
and for any additional period prior to January first of said 
year, shall not be increased by reason of said additional 
period. Approved May 31, 193 Jf. 



Chap. 246 An Act prohibiting persons licensed to carry pistols 

AND REVOLVERS FROM CARRYING THE SAME IN VEHICLES 
UNLESS SAID WEAPONS ARE UNDER THEIR CONTROL THEREIN. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty of the General Laws is 
hereby amended by inserting after section one hundred and 
thirty-one B, as appearing in the Tercentenary Edition 



G. L. (Ter. 
Ed.), 140, 
new section 
J31C, added. 



Acts, 1934. — Chaps. 247, 248. 



297 



thereof, the following new section: — Section 131 C. No 
person carrying a pistol or revolver under a license issued 
under section one hundred and thirty-one shall carry the 
same in a vehicle unless such pistol or revolver while so 
carried therein is under the direct control of such person, 
and whoever violates the foregoing shall be punished by a 
fine of not more than one hundred dollars. A conviction of a 
violation of this section shall be reported forthwith by the 
court or magistrate to the authority who issued the license 
who shall immediately revoke the license of the person so 
convicted. No new license under said section shall be issued 
to any such person until one year after the date of revocation. 

Approved May 31, 1934. 



[{estriction 
on carrying 
weapons in 
vehicles. 



An Act concerning the service of search warrants. Chap. 247 
Be it enacted, etc., as folloivs: 



Chapter two hundred and seventy-six of the General 
Laws is hereby amended by inserting after section three, 
as appearing in the Tercentenary Edition, the following new 
section : — Section 3 A . Every officer to whom a warrant to 
search is issued shall return the same to the court by which it 
was issued not later than seven days from the date of issuance 
thereof, with a return of his doings thereon. 

Approved May 31, 1934. 



G. L. (Ter. 
Ed.), 276, 
new section 
3A, added. 

Return of 
search war- 
rants after 
service. 



An Act establishing the felton field commission in the 
town of barre and authorizing said town to acquire 
land to be used as a recreation field and to improve 
and maintain such field. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the town of 
Barre, hereinafter referred to as the town, a commission to be 
known as the Felton Field Commission, hereinafter referred 
to as the commission, which shall consist of the chairman of 
the board of selectmen of the town or some member of the 
board of selectmen designated by said chairman, the chair- 
man of the school committee of the town or some member of 
said school committee designated by said chairman of said 
school committee, and three others who shall be first ap- 
pointed by Arthur P. Felton of Boston, subject to confirma- 
tion by the board of selectmen. In case of a vacancy among 
those members of the commission so appointed the remaining 
members shall give written notice to the selectmen who, 
with the remaining member or members of such commission, 
after one week's notice, shall fill such vacancy by ballot until 
the next annual town meeting. Such vacancy shall be filled 
by election at such meeting by vote on the official ballot, 
provided that the terms of members elected to fill such 
vacancies at said meeting and thereafter shall be so established 
by the selectmen that such members will, as soon as may 



Chup. 248 



Acts, 1934. — Chap. 248. 

be, be elected one at each annual town meeting for the term 
of three years. 

Section 2. The town may by vote at a meeting legally 
called for the purpose accept and receive by gift the land and 
buildings now known as the Worcester County West Agri- 
cultural Society Fair Grounds subject to such conditions and 
restrictions as shall be specified in the deed of gift and as 
shall not be inconsistent with the provisions of this act and 
may agree to such conditions and restrictions either by ac- 
ceptance of the deed of gift or by joining in it. The said 
land so acquired and the buildings and structures thereon 
shall be known as Felton field and the commission shall have 
full and exclusive control and direction thereof notwith- 
standing any action the town may take or may have taken 
under chapter forty-five of the General Laws. The commis- 
sion in the name and behalf of the town and for the public 
use may erect buildings and other structures upon said Felton 
field, may enclose and keep enclosed the whole or any part 
of the land, buildings and structures, provide proper equip- 
ment therefor, employ and discharge all necessary care- 
takers, instructors, teachers or other employees who shall 
not be subject to chapter thirty-one of the General Laws, 
and may hold, manage, control, lease for not more than three 
years and let said property exclusively for the purposes of 
enjoyment and encouragement of recreation, play, sport, 
physical education, athletics and for such civic, patriotic 
and educational celebrations, exhibitions and entertain- 
ments as the commission shall see fit, and for any use neces- 
sary or convenient for said purposes; may make rules and 
regulations governing said Felton field and may charge 
admission thereto or allow charges for admission thereto to 
be made. 

Section 3. The town may raise and appropriate money 
to the use of the commission for the following uses and 
purposes, namely: 

For the care and maintenance of said Felton field, the 
acquisition of additional land, and the care and repair of 
buildings and structures thereon. 

For the equipment and improvement of the grounds and 
the construction, alteration and enlargement of buildings 
and structures thereon. 

For the employment of caretakers, instructors, teachers 
and other persons who may in the discretion of the com- 
mission be necessary adequately to maintain said field and 
conduct the activities thereon. 

For the support and encouragement of recreation, play, 
sport, physical education, athletics, and civic, patriotic and 
educational celebrations, exhibitions and entertainments in 
said field pursuant to its general purposes. 

Section 4. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the town at a 
meeting legally called for the purpose. 

Approved May SI, 1934. 



Acts, 1934. — Chap. 249. 



299 



G. Ij. (Ter. 
Ed.), 31, 
§ 46, etc., 
amended. 



Removal, otc, 



An Act relative to removal and other change in Chap. 249 

STATUS OF OFFICERS AND EMPLOYEES OF STATE PENAL 
INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-one of the General Laws, as 
amended in section forty-six by section two of chapter two 
hundred and eighty-two of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out said 
section forty-six and inserting in place thereof the following: 
— Section 46. An officer or employee of any institution under 
the control of the department of correction, shall hold such "^ifo'n'^dfficiais 
office or employment and shall not be removed therefrom, 
lowered in rank or compensation or suspended or without his 
consent transferred from such office or employment to any 
other, or the office or position abolished, except for just 
cause, and for reasons specifically given him in writing within 
twenty-four hours after such removal, suspension, transfer 
or lowering in rank or compensation or abolition of office or 
position. 

If within three days thereafter, the person removed, 
suspended, lowered in rank or compensation or transferred or 
whose office or position has been abolished shall so request in 
writing, he shall be given a hearing before the commissioner 
of correction, and be allowed to answer any charges preferred 
against him, either personally or by counsel. Said commis- 
sioner, after hearing the officer preferring the charges, and 
the officer or employee in question, together with such 
witnesses as either of the parties may produce, shall deter- 
mine whether or not the reasons for such removal, suspen- 
sion, lowering in rank or compensation, or transfer, or 
abolition of office or position, are just and sufficient and shall 
certify his finding to the head of the institution in which 
such officer or employee was employed, who shall, forthwith 
notify the said officer or employee in writing of the finding of 
the commissioner. If the reasons given have been sustained 
by the finding of the commissioner, the action shall be sub- 
ject to the right of judicial review provided by the preceding 
section. If said commissioner finds that such reasons are not 
just and sufficient, the head of the institution in which the 
officer or employee was employed shall forthwith reinstate 
him in service or, if he has been suspended, shall forthwith 
restore him to duty or to his original rank, or compensation 
or re-establish the office or position, as the case may be. A 
copy of said reasons, notice, answer and finding shall, in 
each case be filed in the office of the division and made a 
matter of public record. 

Section 2. Section forty-five of said chapter thirty-one, 
as appearing in the Tercentenary Edition, is hereby amended 
by striking out, in the second line, the word "action" and 
inserting in place thereof the words: — a finding of the 
commissioner of correction, — so as to read as follows: — 



G. L. (Ter. 

Ed.), 31, 

§ 45, amended. 



300 



Acts, 1934. — Chap. 250. 



Judicial 
review of 
certain re- 
inovals, etc. 



Section J^6. Within thirty days after the hearing provided 
for in section forty-three or after a finding of the com- 
missioner of correction under section forty-six, the person so 
removed, transferred or lowered in rank or compensation, or 
suspended, or whose office or position is abohshed, except 
members of the poHce department of Boston, the pohce of 
the metropohtan district commission and the state pohce, 
may bring a petition in the district court of the judicial 
district where such person resides, addressed to the justice of 
the court, praying that the action of the officer or board may 
be reviewed by the court, and after such notice to such 
officer or board as the court deems necessary, it shall review 
such action, hear the witnesses, and shall affirm the decision 
of the officer or board unless it shall appear that it was made 
without proper cause or in bad faith, in which case said 
decision shall be reversed and the petitioner be reinstated in 
his office without loss of compensation. The decision of the 
court shall be final and conclusive upon the parties. 

Approved May 31, 1934. 



O. h. (Ter. 
Ed.), 152, 
§ 31, amended. 



Chap. 250 ^^ ^^"^ RELATIVE TO COMPENSATION UNDER THE WORK- 
MEN'S COMPENSATION LAW FOR CERTAIN CHILDREN OF A 
DECEASED EMPLOYEE IN CASE THERE IS NO SURVIVING 
DEPENDENT PARENT. 

Be it enacted, etc., as foUoivs: 

Section thirty-one of chapter one hundred and fifty-two 
of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by inserting after the word 
"week" in the twenty-third line the following new sentence: 
— If there is no surviving wife or husband of the deceased 
employee, such amount or amounts as would have been 
payable under this section to or for the use of a widow and 
for the benefit of all such children of the employee, shall be 
paid in equal shares to all such surviving children of the 
employee, — so that the first paragraph will read as follows: — 

If death results from the injury, the insurer shall pay the 
following dependents of the employee, including his children 
by a former wife, wholly dependent upon his earnings for 
support at the time of his injury, compensation as follows, 
payable, except as hereinafter provided, in the manner set 
forth in section thirty-two: 

To the widow, so long as she remains unmarried, ten 
dollars a week if and so long as there is no child of the em- 
ployee, who is under the age of eighteen, or over said age and 
physically or mentally incapacitated from earning; to or 
for the use of the widow and for the benefit of all children of 
the employee, twelve dollars a week if and so long as there is 
one such child, and two dollars more a week for each such 
additional child; provided, that in case any such child is a 
child by a former wife, the death benefit shall be divided 
between the surviving wife and all living children of the 



Death pay- 
ments under 
workmen's 
compensation 
law. 



Acts, 1934. — Chap. 251, 



301 



deceased employee in equal shares, the surviving wife taking 
the same share as a child. If the widow dies, such amount or 
amounts as would have been payable to or for her own use 
and for the benefit of all children of the employee shall be 
paid in equal shares to all the surviving children of the 
employee. If the widow remarries, all payments under the 
foregoing provisions shall terminate and the insurer shall 
pay each week to each of the children of the employee, if 
and so long as there are more than five, his or her propor- 
tionate share of eighteen dollars and shall paj'' each of such 
children, if and so long as there are five or less, three dollars 
a week. If there is no surviving wife or husband of the de- 
ceased employee, such amount or amounts as would have 
been payable under this section to or for the use of a widow 
and for the benefit of all such children of the employee, shall 
be paid in equal shares to all such surviving children of the 
employee. The total amount of payments under this section 
shall not be more than sixty-four hundred dollars and said 
payments shall not continue more than four hundred weeks. 
When weekly payments have been made to an injured em- 
ployee before his death, compensation under the foregoing 
provisions of this section shall begin from the date of the 
death of the employee, but shall not amount to a total of 
more than sixty-four hundred dollars, including such pay- 
ments as were made to the injured employee before his 
death, and shall not continue for more than four hundred 
weeks, including weeks during which payments were made 
to the injured employee before his death. 

Approved May 31, 1934. 



An Act relative to the examination of banks. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-seven of the General Laws 
is hereby amended by striking out section two, as appearing 
in the Tercentenary Edition, and inserting in place thereof 
the following: — Section 2. The commissioner, either per- 
sonally or by his examiners, or such others of his assistants 
as he may designate, shall, at least once in each year, make 
a thorough examination of the books, securities, cash, assets 
and liabilities and ascertain the condition of all banks under 
his supervision, the ability of each bank to fulfill its obliga- 
tions, and also whether it has complied with the law; and he 
may also, whenever he considers it expedient, make, or cause 
to be made, at the expense of the bank, such further examina- 
tions or audits as he deems advisable. The expenses of the 
annual examination of a trust company shall be borne by the 
company, and shall be limited to the actual cost of such 
examination and such additional sum for the overhead 
expenses of the division of banks and loan agencies as the 
commissioner shall determine to be attributable to such 
examination. 



Chay. 251 



G. L. (Ter. 
Ed.), 167, 
§ 2, amended. 



Examination 
of backs. 



302 



Acts, 1934. — Chap. 252. 



The commissioner or the person making the examination 
shall, at the time of any such examination, have free access 
to the vaults, investments, cash, books and papers. The 
commissioner shall preserve a full record of each such ex- 
amination of a bank, including a statement of its condition. 
Such records, and information contained in the reports of 
such banks, other than information required by law to be 
published or to be open to the inspection of the public, shall 
be open only to the inspection of the commissioner, his 
examiners and assistants, and such other officers of the 
commonwealth as may have occasion and authority to in- 
spect them in the performance of their official duties. Noth- 
ing herein contained shall be construed to prohibit the 
requiring of the production of such records, and information 
contained in the reports of such banks, before any court of 
this commonwealth or any master or auditor appointed by 
any such court, in any criminal or civil proceeding therein 
pending, affecting such bank, its officers, directors or em- 
ployees. 

Copies of reports of such examinations of any bank shall 
be furnished to such bank, and there may be furnished to the 
chief national bank examiner, the Federal Reserve Bank of 
Boston, the Federal Deposit Insurance Corporation, or the 
banking departments of other states, such information, 
reports and statements relating to the institutions under 
the supervision of the commissioner as he deems best. 

Approved May 31, 1934. 



Chart. 252 -^^ ^^^ providing for more prompt payment of work- 
men's COMPENSATION IN CERTAIN CASES. 



f!. L. (Ter. 
Kd.), 152, 
§ 15A, 
amended. 



Payiiieut of 
compensation 
in certain 
cases in 
anticipation 
of settlement 
of contro- 
versy. 



Be it enacted, etc., as follows: 

Section fifteen A of chapter one hundred and fifty-two 
of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by adding at the end the fol- 
lowing: — If, however, said insurers cannot agree that such 
employee would be entitled to compensation irrespective of 
the existence of such controversy, then a hearing to determine 
the question of liability and the payment of compensation 
shall be held forthwith by the department, such hearing to 
take precedence over other pending matters, — so as to read 
as follows: — Section ISA. If one or more claims are filed 
for an injury and two or more insurers, any one of which 
may be held to be liable to pay compensation therefor, 
agree that the injured employee would be entitled to receive 
such compensation but for the existence of a controversy 
as to which of said insurers is liable to pay the same, such 
one of said insurers as they may mutually agree upon or as 
may be selected by a single member of the board shall pay 
to the injured employee the compensation aforesaid, pending 
a final decision of the board as to the matter in controversy, 
and such decision shall require that the amount of compensa- 



Acts, 1934.— Chap. 253. 303 

tion so paid shall be deducted from the award if made against 
another insurer and be paid by said other insurer to the in- 
surer agreed upon or selected by the single member as afore- 
said. If, however, said insurers cannot agree that such 
employee would be entitled to compensation irrespective of 
the existence of such controversy, then a hearing to deter- 
mine the question of liability and the payment of compensa- 
tion shall be held forthwith by the department, such hearing 
to take precedence over other pending matters. 

Approved May 81, 1934. 



An Act providing for the election of councilmen by Cfiap. 253 

WARDS IN THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter four hundred and 
forty-eight of the acts of nineteen hundred and nine is hereby 
amended by striking out, in the third line, the word "nine" 
and inserting in place thereof the word : — thirteen, — so 
as to read as follows: — Section 3. The municipal officers 
to be elected at city elections shall be the mayor; members 
of a single council, to consist of thirteen members, to be 
called the municipal council; and members of the school 
committee. The said municipal officers shall be elected at 
the times and in the manner hereinafter specified. 

Section 2. Said chapter four hundred and forty-eight 
is hereby further amended by striking out section four and 
inserting in place thereof the following: — Section 4- At 
the annual city election in nineteen hundred and thirty-five 
and in every second year thereafter there shall be elected a 
mayor to serve for the term of two years, and one council- 
man from each ward to serve for the term of two years. At 
the annual city election in nineteen hundred and thirty-six 
and in every second year thereafter there shall be elected a 
councilman from each of the wards one, four, five, seven and 
eight to serve for the term of two years. The councilmen to be 
elected in nineteen hundred and thirty-four shall serve for 
the terms for which they are elected. There shall also be 
elected in the year nineteen hundred and thirty-five and 
annually thereafter three members of the school committee 
to serve for the three municipal years next following their 
election. Except as aforesaid, and as otherwise provided in 
this act, no city officer shall be elected at any city election. 
The mayor and school committeemen shall be elected by and 
from the qualified voters of the city, and the councilmen by 
and from the wards which they respectively represent; 
provided, that no person shall be eligible to be elected coun- 
cilman to represent any ward unless at the time of filing his 
petition for nomination he shall be a resident thereof. 

Section 3. Said chapter four hundred and forty-eight 
is hereby further amended by striking out section ten and 
inserting in place thereof the following: — Section 10. A 



304 Acts, 1934. — Chap. 254. 

majority of the members of the municipal council shall con- 
stitute a quorum. Its meetings shall be public, and the mayor, 
if present, shall preside. The municipal council shall elect a 
president, who shall hold office during the pleasure of the 
council, and who shall preside in the absence of the mayor. 
In the absence of both, a chairman pro tempore shall be 
chosen. The city clerk shall be, ex officio, clerk of the muni- 
cipal council, and shall keep the records of its proceedings. 
All votes of the council shall be by yeas and nays, if four 
members so request, and shall be entered upon the records. 
The affirmative vote of at least seven members shall be 
necessary for the passage of any order, ordinance, resolution 
or vote and it shall require eight votes to pass an order over 
the mayor's veto. 

Section 4. Said chapter four hundred and forty-eight 
is hereby further amended by striking out section sixteen 
and inserting in place thereof the following: — Section 16. 
The municipal council shall meet not less than once each 
week. The mayor, president of the council, or any four 
members thereof, may, at any time, call a special meeting 
thereof. 

Section 5. This act shall be submitted for acceptance 
to the registered voters of said city at the annual city election 
in the year nineteen hundred and thirty-four in the form of 
the following question, which shall be placed upon the official 
ballot to be used at said election: — "Shall an act passed by 
the general court in the year nineteen hundred and thirty- 
four, entitled 'An Act providing for the election of council- 
men by wards in the City of Taunton', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to said question, then this act shall take effect for 
the nomination and election of councilmen at the annual 
city election in nineteen hundred and thirty-five, and for 
all other purposes it shall take effect upon the organization 
of the city government on the first Monday in January, 
nineteen hundred and thirty-six; otherwise this act shall be 
of no effect. Approved May 31, 1934. 



ChaV- 254 ^^ ^^"^ further regulating the location of premises 

OCCUPIED AND USED BY HOLDERS OF MOTOR VEHICLE JUNK 
licenses, so CALLED. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Sectiou fifty-nine of chapter one hundred 

§ 59,' amended and forty of the General Laws, as appearing in the Tercen- 
tenary Edition, is hereby amended by inserting after the 
word "license" in the tenth line the following new sentence: — 
Cities and towns by ordinance or by-law may regulate the 
situation of the premises of licensees within class three of 
section fifty-eight, and all licenses and permits issued here- 
under to persons within said class three shall be subject to 
the provisions of ordinances and by-laws which are hereby 



Acts, 1934. — Chap. 255. 



305 



authorized to be made, — so as to read as follows: — Section 
59. The poHce commissioner in Boston and the licensing 
authorities in other cities and towns may grant licenses under 
this section which shall expire on January first following the 
date of issue unless sooner revoked. The fees for the licenses 
shall be fixed by the licensing board or officer, but in no case 
shall exceed fifty dollars. The license shall specify all the 
premises to be occupied by the licensee for the purpose of 
carrying on the licensed business. Permits for a change of 
situation of the licensed premises or for additions thereto 
may be granted at any time by the licensing board or officer 
in writing, a copy of which shall be attached to the license. 
Cities and towns by ordinance or by-law may regulate the 
situation of the premises of licensees within class three of 
section fifty-eight, and all licenses and permits issued here- 
under to persons within said class three shall be subject to 
the provisions of ordinances and by-laws which are hereby 
authorized to be made. All licenses granted under this section 
shall be revoked by the licensing board or officer if it appears, 
after hearing, that the licensee is not complying with sections 
fifty-seven to sixty-nine, inclusive, or the rules and regula- 
tions made thereunder; and no new license shall be granted to 
such person thereafter, nor to any person for use on the same 
premises, without the approval of the registrar of motor 
vehicles, in sections fifty-nine to sixty-six, inclusive, called 
the registrar. The hearing may be dispensed with if the regis- 
trar notifies the licensing board or officer that a licensee is not 
so complying. 

Section 2. The provisions of this act shall apply only 
to licenses and permits originally granted thereunder after 
the effective date of this act. Approved May 31, 1934. 



Motor vehicle 
junk licenses, 
regulation of 
premises of 
licensee. 



Application 
of act. 



An Act requiring the proper heating of factories and Chap. 255 

CERTAIN OTHER ESTABLISHMENTS DURING THE WINTER 
MONTHS. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-nine of the General Laws 
is hereby amended by striking out section one hundred and 
thirteen, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following: — Section 113. 
Every factory, workshop, manufacturing, mechanical and 
mercantile establishment shall be well lighted, well ventilated 
and kept clean and free from insanitary conditions, and 
work rooms therein in actual use shall be properly heated 
during the winter months, according to reasonable rules and 
regulations adopted by the department establishing minimum 
requirements with reference thereto. 

Approved May 31, 1934. 



G. L. (Ter. 
Ed.), 149, 
§ 113, 
amended. 

Factories, 
etc., to be 
properly 
lighted, etc. 



306 Acts, 1934. — Chaps. 256, 257. 



Chap. 256 An Act requiring voters signing nomination papers to 

STATE therein THEIR RESIDENCES ON JANUARY FIRST. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and fifty-four of the 
acts of nineteen hundred and thirty-three is hereby amended 
by inserting after section sixteen the following new section : — 
Section 16 A. Where, in any special law, a voter is required 
in signing nomination papers to state his residence on April 
first, he shall, in lieu thereof, state such residence on January 
first. 

Section 2. This act shall take effect upon December 
thirty-first of the current year. Approved May 31, 1934. 



Chav 257 ^^ ^^^ authorizing the county of dukes county to 

BORROW MONEY FOR THE PURPOSE OF CONTRIBUTING TO THE 
COST OF CONSTRUCTING A BRIDGE AND APPROACHES THERETO 
OVER THE OUTLET OF LAGOON POND IN THE TOWNS OF 
OAK BLUFFS AND TISBURY AND OF CERTAIN DREDGING IN 
CONNECTION THEREWITH. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of contributing to the cost of 
the construction by the state department of public works of a 
bridge, with approaches thereto, over the outlet of Lagoon 
pond in the towns of Oak Bluffs and Tisbury and to the cost 
of the dredging by said department of a channel under said 
bridge, the county commissioners for the county of Dukes 
County may from time to time borrow upon the credit of 
the county such sums as may be necessary, not exceeding, 
in the aggregate, forty thousand dollars, and may issue bonds 
or notes of the county therefor, which shall bear on their face 
the words, Dukes County Bridge Loan, Act of 1934. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than ten years from their 
dates. Such bonds or notes shall be signed by the treasurer 
of the county and countersigned by a majority of the county 
commissioners. The county may sell the said securities at 
public or private sale upon such terms and conditions as the 
county commissioners may deem proper, but not for less than 
their par value. Indebtedness incurred hereunder shall, 
except as herein provided, be subject to chapter thirty-five 
of the General Laws. 

Section 2. The town of Gosnold shall not be required 
to pay any part of the expense incurred by said county 
hereunder or in caring for and maintaining the said bridge. 

Section 3. This act shall take effect upon its acceptance 
during the current year by the county commissioners of said 
county, but not otherwise. Approved May 31, 1934- 



Acts, 1934. — Chaps. 258, 259. 



307 



An Act relative to the inclusion of certain non-cash Cliap. 258 

ALLOWANCES IN COMPUTING THE AMOUNT OF CONTRIBUTIONS 
BY MEMBERS OF THE COUNTY CONTRIBUTORY RETIREMENT 
SYSTEMS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty of chapter thirty-two of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by inserting after the word "pensions" in 
the twenty-third hne the following new paragraph : — 

"Salary or wages", cash received for regular services 
together with such allowance for other compensation not 
paid in cash as may be hereinafter provided; 

Section 2. Section twenty-three of said chapter thirty- 
two, as so appearing, is hereby amended by striking out 
paragraph (5) and inserting in place thereof the following : — 

(5) The board shall determine the percentage of wages or 
salary that employees shall contribute to the fund, subject to 
the minimum and maximum percentages, and may classify 
employees for the purposes of the system and establish 
different rates of contribution for different classes within the 
prescribed limits. It shall add to the cash payment for regu- 
lar services, in cases where an employee of a county institu- 
tion receives a non-cash allowance to cover compensation 
in the form of full or partial boarding and housing in ac- 
cordance with the practice in such county institution, an 
amount at a rate not to exceed seven dollars per week. 
Such amount added to said cash payment shall be the basis 
upon which annuity contributions shall be made; and the 
foregoing provision shall also apply in computing pensions 
based upon prior service. Approved May 31, 1934. 



G. L. (Ter. 

Ed.). 32, 

§ 20, amended. 



"Salary or 

wagea", 

defined. 

G. L. (Ter. 

Ed.), 32, 

§ 23, amended. 



Board of 
retirement, 
certain 
duties of. 



An Act relative to the removal of deputy collectors 

OF TAXES. 

Be it enacted, etc., as follows: 

Section 1. Section ninety-two of chapter sixty of the 
General Laws, as amended by section one of chapter eighty- 
two of the acts of nineteen hundred and thirty-three, is hereby 
further amended by inserting after the word "expedient" 
in the fourth line the words : — and they may be removed 
by the commissioner for cause, — so as to read as follows : — 
Section 92. Any officer authorized to collect taxes may ap- 
point, subject to the approval of the commissioner, such 
deputies as such officer deems expedient and they may be 
removed by the commissioner for cause. Any such deputy 
may be a woman. Such deputies shall give bond for the faith- 
ful performance of their duties in such sum and in such form, 
and subject to such conditions, as the commissioner may 
prescribe, and shall have all the powers of collectors. 



C/ia/). 259 



G. L. (Ter. 
Ed.), 60, 
§ 92, etc., 
amended. 



Appointment 
iiiid removal 
of deputy 
colled ors of 
taxes. 



308 



Acts, 1934. — Chap. 260. 



Ct. L. (Ter. 
Kd.), 41, 
§ 37, etc., 
amended. 



Collection of 
taxes by 
town 
treasurer. 



Section 2. Section thirty-seven of chapter forty-one 
of the General Laws, as amended by section two of said 
chapter eighty-two, is hereby further amended by inserting 
after the word "taxes" in the eighth hne the following new 
sentence : — Such deputies may be removed by said com- 
missioner for cause, — so as to read as follows : — Section 37. 
A town treasurer, acting as collector of taxes, may, subject 
to the approval of the commissioner of corporations and 
taxation, appoint deputies, who shall give bond for the faith- 
ful performance of their duties in such sum and in such form, 
and subject to such conditions, as the said commissioner may 
prescribe; and such collector and deputies shall have all the 
powers of collectors of taxes. Such deputies may be removed 
by said commissioner for cause. A treasurer acting as col- 
lector may issue his warrant to the sheriff of the county or 
his deputy, or to any constable of the town, directing them 
to distrain the property or take the body of any person 
delinquent in the payment of taxes, and may proceed in the 
same manner as collectors. Approved May 31, 1934- 



G. L. (Ter. 
Ed.), 112. 
§ 87F, 
amended. . 



"Barber' 
defined. 



Chap. 260 ^N A<^"r RELATIVE TO THE REGISTRATION OF BARBERS AND 
REGULATING THE PRACTICE OF BARBERING. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-seven F of chapter one 
hundred and twelve of the General Laws, as appearing in 
the Tercentenary Edition, is hereby amended by striking 
out the paragraph contained in the fourth to the ninth hues, 
inclusive, and inserting in place thereof the following new 
paragraph: — "Barber", any person who, personally or by 
any other person, for compensation, shaves or trims the beard, 
cuts the hair, gives facial and scalp massaging, facial and 
scalp treatments with oils and creams and other prepara- 
tions made for that purpose, either by hand or mechanical 
appliances, singes and shampoos the hair or applies any make 
of hair tonics, and/or dyes the hair, of any male person; 
or any person who, without compensation, performs or 
offers to perform any of the above mentioned services for 
the public generally. 

Section 2. Section eighty-seven H of said chapter one 
hundred and twelve, as so appearing, is hereby amended by 
adding at the end thereof the following: — Any apphcant 
failing to pass an examination satisfactory to the board shall 
thereafter be entitled to re-examination by payment of a 
fee of five dollars and by filing a re-examination apphcation 
upon a form furnished by the board, but two re-examinations 
shall exhaust his privilege under his original apphcation, 
and if he fails to apply for re-examination within one year 
after his original examination, or to appear for re-examina- 
tion when notified so to do, his re-examination privilege for 
such original application shall be forfeited. A new temporary 
permit shall be issued for each re-examination fee paid. No 
apphcant for registration who has filed an application and 



n. L. (Ter. 
Rd.), 112, 
§ 8 7 II, 
jimendeJ. 
Prerequisites 
to registration. 
Certificate, etc. 



Acts, 1934. — Chap. 260. 309 

holds a temporary permit, and no person who holds a card 
as an apprentice barber, shall be permitted to open and or 
to operate a barber shop until he has successfully passed the 
required examination and obtained a certificate of registra- 
tion. Before any registered barber opens a barber shop he 
shall apply to the board for inspection and approval thereof. 

Section 3. Section eighty-seven P of said chapter one <i. l. criu-. 
hundred and twelve, as so appearing, is hereby amended by jKn'""' 
striking out in the eighth line the words "so, and" and in- ^i'il'iui.mI. 
serting in place thereof the following: — so. After receipt of 
an application for a permit to operate a barber school or 
barber college, the board shall make investigation as to the 
reUability of the applicant or applicants, the qualifications 
of the instructors of the school or college and the equipment, 
appliances and sanitary conditions thereof and if these con- 
ditions are found to be satisfactory, a permit to operate or 
conduct a barber school or barber college shall be granted. 
Every permittee, — and by inserting after the word "quali- 
fications" in the eighteenth line the words: — of instructors, 
— so as to read as follows: — Section 87 P. Any school or Barber 
college where tuition or fees are charged for teaching the coiieges.*"^ 
occupation of barbering shall be considered a barber school 
or barber college under sections eighty-seven F to eighty- 
seven R, inclusive, and all said schools or colleges shall keep 
prominently displayed at the entrance a sign "Barber School" 
or "Barber College", as the case may be. Any person desiring 
to operate or conduct a barber school or barber college within 
this commonwealth shall first secure from the board a permit 
to do so. After receipt of an application for a permit to 
operate a barber school or barber college, the board shall 
make investigation as to the reliability of the applicant or 
applicants, the qualifications of the instructors of the school 
or college and the equipment, appliances and sanitary con- 
ditions thereof and if these conditions are found to be satis- 
factory, a permit to operate or conduct a barber school or 
barber college shall be granted. Every permittee shall keep 
such permit prominently displayed in such school or college, 
and shall before commencing business give to the state 
treasurer a bond, in such amount and with such sureties as 
shall be determined and approved by the governor and 
council, conditioned upon the faithful compliance by himself 
in the conduct of said school or college with all the provisions 
of said sections and of all rules and regulations made under 
authority thereof, and to pay all judgments that may be 
obtained against said school or college or the owners or 
managers thereof on account of fraud, misrepresentation or 
deceit practiced by themselves, their agents, servants or 
employees. The board may from time to time examine into 
the qualifications of instructors, appointments, course of 
study and hours of study in any such school or college, and 
may suspend or revoke the certificate of registration of the 
person operating or conducting such school or college or of 
any registered barber acting as instructor or teacher therein. 



310 Acts, 1934. — Chap. 261. 

or the permit of any such school or college, for the violation 
of any of said sections or of any rule or regulation made under 
authority thereof. Approved May 31, 1934. 

Chap. 261 An Act authorizing the town of essex to supply itself 

AND ITS inhabitants WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Essex may supply itself and its 
inhabitants with water for the extinguishment of fires and for 
domestic and other purposes; may establish fountains and 
hydrants, relocate or discontinue the same, and may regulate 
the use of such water and fix and collect rates to be paid for 
the use of the same. 

Section 2. For the purposes aforesaid, said town, acting 
by and through its board of water commissioners hereinafter 
provided for, may contract with any other municipality, 
acting through its water department, or with any water 
company, or with any water district, for whatever water may 
be required, authority to furnish the same being hereby 
granted, and/or may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, pur- 
chase or otherwise, and hold, the waters, or any portion there- 
of, of any pond, brook, spring or stream or of any ground 
water sources, by means of driven, artesian or other wells or 
filter galleries, within the limits of said town not already 
appropriated for purposes of public water supply, and the 
water rights connected with any such water sources; and 
also for said purposes may take by eminent domain under 
said chapter seventy-nine, or acquire by purchase or other- 
wise, and hold, all lands, rights of way and other easements 
necessary for collecting, storing, holding, purifying and 
treating such water and protecting and preserving the purity 
thereof and for conveying the same to any part of said town; 
provided, that no source of water supply and no lands 
necessary for protecting and preserving the purity of the 
water shall be taken or used without first obtaining the advice 
and approval of the department of pubUc health, and that 
the location and arrangement of all dams, reservoirs, wells 
or filter galleries, filtration and pumping plants or other 
works necessary in carrying out the provisions of this act 
shall be subject to the approval of said department. Said 
town may construct and maintain on the lands acquired and 
held under this act proper dams, wells, reservoirs, pumping 
and filtration plants, buildings, standpipes, tanks, fixtures 
and other structures, including also purification and treat- 
ment works the construction and maintenance of which 
shall be subject to the approval of the department of public 
health, and may make excavations, procure and operate 
machinery and provide such other means and appliances and 
do such other things as may be necessary for the establish- 
ment and maintenance of complete and effective water works ; 



Acts, 1934. — Chap. 261. 311 

and for that purpose may construct, lay and maintain aque- 
ducts, conduits, pipes and other works, under or over any 
lands, water courses, railroads, railways and public or other , 
ways, and along any such way in said town in such manner 
as not unnecessarily to obstruct the same; and for the pur- 
poses of constructing, laying, maintaining, operating and 
repairing such conduits, pipes and other works, and for all 
other proper purposes of this act, said town may dig up or 
raise and embank any such lands, highways or other ways in 
such manner as to cause the least hindrance to public travel 
thereon; provided, that all things done upon any such way 
shall be subject to the direction of the selectmen of said 
town. Said town shall not enter upon, construct or lay any 
conduit, pipe or other works within the location of any 
railroad corporation except at such time and in such manner 
as it may agree upon with such corporation or, in case of 
failure so to agree, as may be approved by the department of 
public utilities. Said town may enter upon any lands for 
the purpose of making surveys, test pits and borings, and 
may take or otherwise acquire the right to occupy temporarily 
any lands necessary for the construction of any works or 
for any other purpose authorized by this act. 

Section 3. The land, water rights and other property 
taken or acquired under this act, and all works, buildings 
and other structures erected or constructed thereunder, shall 
be managed, improved and controlled by the board of water 
commissioners hereinafter provided for, in such manner as 
they shall deem for the best interest of the town. 

Section 4. Any person or corporation injured in his or 
its property by any action of said town or board under this 
act may recover damages from said town under said chapter 
seventy-nine; provided, that the right to damages for the 
taking of any water, water source or water right, or any 
injury thereto, shall not vest until the water is actually with- 
drawn or diverted by said town under authority of this act. 

Section 5. Said town may, for the purpose of paying 
the necessary expenses and liabilities incurred or to be in- 
curred under the provisions of this act, other than expenses of 
maintenance and operation, issue from time to time bonds 
or notes to an amount, not exceeding, in the aggregate, one 
hundred and fifty thousand dollars, which shall bear on their 
face the words, Town of Essex Water Loan, Act of 1934. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates. Indebtedness incurred under this act shall 
be subject to chapter forty-four of the General Laws. 

Section 6. Said town shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with the provisions of section five; and when a vote 
to that effect has been passed, a sum which, with the income 
derived from the water rates, will be suflScient to pay the 
annual expense of operating its water works or the purchasing 
of water and the maintenance of its pipe lines, as the case 



312 Acts, 1934. — Chap. 261. 

may be, and the interest as it accrues on the bonds or notes 
issued as aforesaid, and to make such payments on the 
principal as may be required under the provisions of this act, 
shall without further vote be assessed by the assessors of 
said town annually thereafter in the same manner as other 
taxes, until the debt incurred by the said loan or loans is 
extinguished. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said town 
three times the amount of damages assessed therefor, to be 
recovered in an action of tort; and upon conviction of any 
one of the above wilful or wanton acts shall be punished by 
a fine of not more than three hundred dollars or by imprison- 
ment for not more than one year. 

Section 8. The said town shall, after its acceptance of 
this act, at the same meeting at which the act is accepted or 
at a meeting thereafter called for the purpose, elect by ballot 
three persons to hold office, one until the expiration of three 
years, one until the expiration of two years, and one until 
the expiration of one year, from the next succeeding annual 
town meeting, to constitute a board of water commissioners; 
and at the annual town meeting held on the day on which 
the shortest of such terms expires, and at each annual town 
meeting thereafter, one such commissioner shall be elected by 
ballot for the term of three years. All the authority granted 
to the town by this act, except sections five and six, and not 
otherwise specially provided for, shall be vested in said 
board of water commissioners, who shall be subject, however, 
to such instructions, rules and regulations as said town may 
impose by its vote. A majority of said commissioners shall 
constitute a quorum for the transaction of business. Any 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said town 
at any legal town meeting called for the purpose. Any such 
vacancy may be filled temporarily in the manner provided 
by section eleven of chapter forty-one of the General Laws, 
and the person so appointed shall perform the duties of the 
office until the next annual meeting of said town or until 
another person is qualified. 

Section 9. Said commissioners shall fix just and equit- 
able prices and rates for the use of water, and shall prescribe 
the time and manner of payment. The income of the water 
works shall be appropriated to defray all operating expenses, 
interest charges and payments on the principal as they accrue 
upon any bonds or notes issued under authority of this act. 
If there should be a net surplus remaining after providing 
for the aforesaid charges, it may be appropriated for such new 
construction as the water commissioners, with the approval 
of the town, may determine upon, and in case a surplus should 
remain after payment for such new construction the water 



pre!i.ml)Ie. 



Acts, 1934. — Chap. 262. 313 

rates shall be reduced proportionately. All authority vested 
in said commissioners by the foregoing provisions of this 
section and by section three shall be subject to the provisions 
of section eight. Said commissioners shall annually, and as 
often as the town may require, render a report upon the 
condition of the works under their charge and an account of 
their doings, including an account of receipts and expen- 
ditures. 

Section 10. This act shall take effect upon its accep- 
tance by a majority of the voters of the town of Essex present 
and voting thereon at a town meeting called for the purpose 
within three years after its passage; but the number of 
meetings so called in any year shall not exceed three. 

Approved May 31, 1934. 

An Act authorizing the conveyance of certain portions (Jhnr) 262 

or STATE HIGHWAY IN THE TOWN OF BOURNE TO THE ^' 

united states of AMERICA. 

Whereas, The deferred operation of this act would, in part, Eu'ertrency 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized, in 
connection with the construction by the United States of 
America of two bridges over the Cape Cod canal in the town 
of Bourne, to convey to the said United States of America 
certain parcels of land in the said town of Bourne taken by 
the said department of public works for state highway pur- 
poses, which parcels are bounded and described as follows: 

Parcel A. A parcel of land comprising section number 
one of the state highway location laid out November twenty- 
second, nineteen hundred and thirty-three. Said parcel is 
located between station one hundred plus forty-eight and 
ninety-four hundredths and station one hundred two plus 
ninety-four and eighteen hundredths and is described as 
follows: beginning at a point on the location line of said 
state highway layout, bearing south sixty-five degrees, six 
minutes, fifty seconds west and seventy-one and fifty-eight 
hundredths feet distant from station one hundred plus forty- 
eight and ninety-four hundredths, thence following said state 
highway location line north sixty-five degrees, six minutes, 
fifty seconds east for one hundred seventy-one and sixty 
hundredths feet, thence south twenty-five degrees, fifty- 
three minutes, ten seconds east for two hundred ninety-four 
and twenty-five hundredths feet, thence south sixty-seven 
degrees, forty minutes, forty-two seconds west for forty-two 
and fifty-six hundredths feet, thence north eleven degrees, 
thirteen minutes, forty-eight seconds west for eighty-five 
and seventy-eight hundredths feet, thence south forty de- 
grees, twenty-one minutes, two seconds west for one hundred 



314 Acts, 1934. — Chap. 262. 

fifty and twenty-eight hundredths feet, thence north fifty- 
six degrees, twenty-three minutes, four seconds west for 
eighty-seven and eleven hundredths feet, thence north 
twenty-five degrees, six minutes, no seconds east for eighty 
and one hundredth feet, and thence north thirty-seven de- 
grees, fifty-three minutes, fifty-three seconds west for one 
hundred fifty and two hundredths feet to the point of be- 
ginning; containing about forty-two thousand and sixty- 
three square feet. 

Parcel B. A parcel of land consisting of a portion of 
section number two of the state highway location laid out 
November twenty-second, nineteen hundred and thirty- 
three. Said parcel is located between station one hundred 
twenty-two plus ninety-eight and station one hundred 
twenty-four plus fifty-nine, being more fully described as 
follows: beginning at the junction of the easterly location 
line of said state highway layout with the southerly location 
line of the nineteen hundred and thirty state highway layout 
on the Sandwich road, said junction bearing north sixty- 
eight degrees, fifty-eight minutes, thirty-five seconds east 
and being one hundred and thirty-six hundredths feet dis- 
tant from station one hundred twenty-two plus ninety-eight, 
thence by said easterly location line south twenty-five de- 
grees, fifty-three minutes, ten seconds east for one hundred 
fifty-two and forty-nine hundredths feet, thence crossing 
said nineteen hundred and thirty-three state highway loca- 
tion south sixty-four degrees, six minutes, fifty seconds west 
for two hundred feet, thence by the westerly location line of 
said nineteen hundred and thirty-three layout north twenty- 
five degrees, fifty-three minutes, ten seconds west for one 
hundred sixty-nine and fifty-one hundredths feet, thence by 
the aforesaid nineteen hundred and thirty location line north 
sixty-eight degrees, fifty-eight minutes, thirty-five seconds 
east for two hundred and seventy-two hundredths feet to 
the point of beginning; containing about thirty-two thousand 
and two hundred square feet. 

Said parcels A and B are portions of the location of a state 
highway layout at the Bourne bridge, so called, in the said 
town of Bourne as shown on a plan entitled "The Common- 
wealth of Massachusetts Plan of Road in the town of Bourne 
Barnstable County Laid Out as a State Highway by the 
Department of Public Works November 22, 1933. Scale: 
40 feet to the inch. A. W. Dean Chief Engineer." 

Parcel C. A parcel of land consisting of a portion of sec- 
tion number one of the state highway location laid out 
November twenty-second, nineteen hundred and thirty- 
three. Said parcel is located between station ninety-one plus 
seventeen and twenty hundredths and station ninety-five 
plus sixty and forty hundredths, being more fully described as 
follows: beginning at the junction of the westerly location 
line of said state highway layout with the northerly location 
line of the nineteen hundred and fifteen state highway layout 
on the Buzzards Bay road, said junction bearing north 



Acts, 1934. — Chap. 262. 315 

eighty-one degrees, two minutes, twenty-five seconds west 
and being one hundred one and thirty hundredths feet dis- 
tant from station ninety-five plus sixty and forty hundredths, 
thence by said westerly location line north no degrees, thir- 
teen minutes, fifty-five seconds west for four hundred twenty- 
seven and two hundredths feet, thence crossing said nineteen 
hundred and thirty-three state highway location north eighty- 
nine degrees, forty-six minutes, five seconds east for two 
hundred feet, thence by the easterly location line of the afore- 
said nineteen hundred and thirty-three layout south no 
degrees, thirteen minutes, fifty-five seconds east for four 
hundred fifty-nine and thirty-eight hundredths feet, thence 
by the aforesaid nineteen hundred and fifteen location line 
north eighty-one degrees, two minutes, twenty-five seconds 
west for two hundred two and sixty hundredths feet to the 
point of beginning; containing about eighty-eight thousand, 
six hundred and forty square feet. 

Parcel D. A parcel of land comprising section two of the 
state highway location laid out November twenty-second, 
nineteen hundred and thirty-three. Said parcel is located 
between stations one hundred five plus ninety and eighty 
hundredths and one hundred seven plus thirty-one and forty- 
nine hundredths, being described as follows: beginning at the 
junction of the northerly location line of the nineteen hundred 
and thirty state highway on the Sandwich road with the 
westerly location line of the aforementioned nineteen hun- 
dred and thirty-three state highway layout, said junction 
bearing south eighty-nine degrees, forty-six minutes, five 
seconds west and being one hundred feet distant from station 
one hundred seven plus fifteen and seventy-three hundredths, 
thence by said nineteen hundred and thirty-three location 
fine north no degrees, thirteen minutes, fifty-five seconds 
west for one hundred thirty and forty-seven hundredths feet, 
thence by the southerly location line of the right of way of the 
Old Colony Railroad Company, easterly by a curve to the 
right of radius eleven thousand one hundred eighty-six and 
ninety-one hundredths feet length two hundred and thirty- 
six hundredths feet, thence by the easterly location line of the 
aforesaid nineteen hundred and thirty-three layout south no 
degrees, thirteen minutes, fifty-five seconds east for one 
hundred fifty-six and sixty-tw^o hundredths feet to its junc- 
tion with the aforesaid nineteen hundred and thirty location 
line, thence returning by said nineteen hundred and thirty 
location line westerly by a curve to the left of radius sixteen 
hundred feet length two hundred three and seventy-four 
hundredths feet to the point of beginning; containing about 
twenty-eight thousand, three hundred and thirty square feet. 

Parcel E. A parcel of land consisting of a portion of 
section three of the state highway location laid out Novem- 
ber twenty-second, nineteen hundred and thirty-three. Said 
parcel is located between station one hundred eight plus ten 
and eighty-seven hundredths and station one hundred nine 
plus fifty and twenty hundredths and is described as follows: 



316 Acts, 1934. — Chap. 262. 

beginning at a point on the westerly location line of said state 
highway layout, bearing south eighty-nine degrees, forty- 
six minutes, five seconds west and being one hundred feet 
distant from station one hundred nine plus fifty and twenty 
hundredths, thence by said location line north no degrees, 
thirteen minutes, fifty-five seconds west for one hundred 
thirty-eight and thirty-nine hundredths feet, thence by 
lines within the location of said state highway layout, crossing 
the same, north eighty-nine degrees, two minutes, nineteen 
seconds east for seventy-four and one hundredth feet, north 
eighty-nine degrees, forty-six minutes, five seconds east for 
fifty-two feet, and south seventy-nine degrees, twenty-seven 
minutes, thirty-two seconds east for ninety-two and thirty- 
seven hundredths feet, thence by the easterly location line 
of said nineteen hundred and thirty-three layout, south 
forty-three degrees, no minutes, fifty-seven seconds east for 
eighty-four and thirty hundredths feet and south five de- 
grees, five minutes, thirty seconds east for sixty and forty- 
two hundredths feet, thence again crossing said nineteen 
hundred and thirty-three location, south eighty-nine degrees, 
forty-six minutes, five seconds west for two hundred seventy- 
nine and twelve hundredths feet to the point of beginning; 
containing about thirty-four thousand, seven hundred and 
fifty-five square feet. 

Said parcels C, D and E are portions of the location of a 
state highway layout at the Sagamore bridge, so called, in 
the said town of Bourne as shown on a plan entitled "The 
Commonwealth of Massachusetts Plan of Road in the town 
of Bourne Barnstable County Laid Out as a State Highway 
by the Department of Public Works November 22, 1933. 
Scale: 40 feet to the inch. A. W. Dean Chief Engineer." 

Parcel F. A parcel of land comprising a portion of the 
location of the state highway on Sandwich road so called, 
laid out March twenty-fifth, nineteen hundred and thirty. 
Said parcel is located between station three hundred plus 
seventy-two and eight hundredths and station three hundred 
two plus seventy-five and sixty-eight hundredths and is de- 
scribed as follows: beginning at the junction of the westerly 
location line of section two of the nineteen hundred and 
thirty-three state highway layout dated November twenty- 
second, nineteen hundred and thirty-three, with the north- 
erly location line of the aforementioned nineteen hundred 
and thirty state highway layout, said junction bearing north 
ten degrees, forty-one minutes, fifty-five seconds east and 
being thirty-eight and seventy-five . hundredths feet distant 
from station three hundred plus seventy-two and eight 
hundredths, thence by said nineteen hundred and thirty 
location line easterly by a curve to the right of radius sixteen 
hundred feet length two hundred three and seventy-four 
hundredths feet, thence by fines within the location of the 
nineteen hundred and thirty state highway layout south 
eighty-three degrees, ten minutes, fifty-seven seconds west 
for sixty-two and eighty-nine hundredths feet, south eighty- 



Acts, 1934. — Chap. 263. 



317 



nine degrees, thirty-five minutes, twenty-five seconds west 
for seventy-five feet, and north fifty-four degrees, thirty- 
four minutes, twenty-six seconds west for seventy-seven and 
nine hundredths feet to the point of beginning; containing 
about four thousand and twenty-five square feet. 

Parcel F is a portion of the location of a state highway 
layout at said Sagamore bridge on Sandwich road, so called, 
in the said town of Bourne as shown on a plan entitled "The 
Commonwealth of Massachusetts Plan of Road in the town 
of Bourne Barnstable County Laid Out as a State Highway 
by the Department of Public Works March 25, 1930. Scale: 
40 feet to the inch. A. W. Dean Chief Engineer." 

The stations mentioned in the description of the said 
parcels are points on the base line of the location of said state 
highway layouts, and the bearings given in the description 
of said parcels refer to the same data as the bearings shown 
on the layout plans hereinbefore referred to. 

Approved June 7, 193 1^. 



An Act providing for judicial determination of the Chap. 201^ 

VALIDITY and EXTENT OF MUNICIPAL ZONING ORDINANCES, 
BY-LAWS AND REGULATIONS. 

Whereas, The deferred operation of this act would cause Kmcrgency 
substantial inconvenience, therefore it is hereby declared to ''""•'"" ^• 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
eighty-five of the General Laws, as amended by section one 
of chapter sixty-seven of the acts of nineteen hundred and 
thirty-four, is hereby further amended by inserting after 
clause (j), as appearing in the Tercentenary Edition, the 
following new clause : — 

03^) Petitions under section fourteen A of chapter two 
hundred and forty to determine the validity and extent of 
municipal zoning ordinances, by-laws and regulations. 

Section 2. Chapter two hundred and forty of the General 
Laws is hereby amended by adding after section fourteen, 
as appearing in the Tercentenary Edition, the following new 
section: — Section lJj.A. The owner of a freehold estate in 
possession in land may bring a petition in the land court 
against a city or town wherein such land is situated, which 
shall not be open to objection on the ground that a mere 
judgment, order or decree is sought, for determination as to 
the validity of a municipal ordinance, by-law or regulation, 
passed or adopted under the provisions of sections twenty- 
five to thirty A, inclusive, of chapter forty or under any 
special law relating to zoning, so called, which purports to 
restrict or limit the present or future use, enjoyment, im- 
provement or development of such land, or any part thereof, 
or of present or future structures thereon, including altera- 



G. L. (Ter. 
Ed.), 185, 
§ 1, etc., 
amended. 



Land court, 
.iurisdiction 
in reference 
to certain 
by-laws, etc. 
G. L. (Ter. 
Ed.), 240, 
new section 
14A, added. 

By-laws, etc., 
judicial de- 
termination of 
validity of. 



318 



Acts, 1934. — Chap. 264. 



tions or repairs, or for determination of the extent to which 
any such municipal ordinance, by-law or regulation affects 
a proposed use, enjoyment, improvement or development of 
such land by the erection, alteration or repair of structures 
thereon or otherwise as set forth in such petition. The right 
to file and prosecute such a petition shall not be affected by 
the fact that no permit or license to erect structures or to 
alter, improve or repair existing structures on such land has 
been applied for, nor by the fact that no architects' plans or 
drawings for such erection, alteration, improvement or repair 
have been prepared. The court may make binding determi- 
nations of right interpreting such ordinances, by-laws or 
regulations whether any consequential judgment or relief is 
or could be claimed or not. Approved June 7, 1934- 



Chap. 264 An Act providing for the safety and regulation of the 

USE OF THE HIGHWAYS BY MOTOR VEHICLES TRANSPORT- 
ING PROPERTY FOR HIRE IN THE COMMONWEALTH, AND FOR 
THE SUPERVISION AND CONTROL OF SUCH MOTOR VEHICLES 
AND SUCH TRANSPORTATION. 



Eniergeii(-y 
pre!mil)le. 



G. L. (Ter. 
Ed.), new 
chapter 159B, 
added. 



Term "com- 
mon ciirrior 
defined. 



Certificate 

required 

before 

operating a 

common 

carrier. 



Whereas, In order that a transportation system of this 
commonwealth may be operated most effectively immedi- 
ately, this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The General Laws are hereby amended by 
inserting after chapter one hundred and fifty-nine A, as ap- 
pearing in the Tercentenary Edition, the following new 
chapter with the following title : — 

Chapter 159B. 
Carriers of Property by Motor Vehicle. 

Section 1. The term "common carrier" as used in this 
section means any person engaged in the common carriage 
of property for hire by motor vehicle over regular routes be- 
tween points within this commonwealth. The words "regu- 
lar routes" as herein used mean routes over which any person 
is usually or ordinarily operating any motor vehicle, even 
though there may be departures, periodic or irregular, from 
said routes. 

No person shall operate any motor vehicle not running on 
rails or tracks upon any public way within the commonwealth 
in the business of transporting property for hire as a common 
carrier without a certificate obtained as hereinafter provided 
from the department of public utilities, hereinafter called the 
department. Upon the filing of any such application and the 
payment of the fee hereinafter prescribed, the department 
shall within a reasonable time fix the time and place for a 
hearing thereon. A written notice of such hearing shall be 



Acts, 1934. — Chap. 264. 319 

mailed by the department at least ten days before the date 
fixed therefor to all common carriers, including steam and 
electric railway companies, serving any part of the route 
proposed to be served by the applicant, to the commissioner 
of public works and to any other person who may, in the 
opinion of the department, be interested in or affected by the 
issuance of such certificate. Any person having an interest 
in the subject matter shall have the right, in accordance 
with the rules and regulations prescribed therefor by the 
department, to make representations and to introduce 
evidence in favor of or in opposition to the issuance of such 
certificate in whole or in part. After such hearing the depart- 
ment may issue to the applicant a certificate in a form to be 
prescribed by the department, or may refuse to issue the 
same, or may issue it for the partial exercise only of the 
privilege sought, and may attach to the exercise of the rights 
granted by such certificate such limitations, terms and condi- 
tions as in its judgment public interest may require; pro- 
vided, that if no protest to the granting of the certificate be 
filed with the department prior to the time fixed for the hear- 
ing and if the department is satisfied that the certificate 
sought by the applicant should be granted, the certificate 
may be granted without a public hearing. In determining 
whether or not such a certificate shall be granted, the de- 
partment shall take into consideration the existing transpor- 
tation facilities and the effect upon them of granting such 
certificate, the public need for the service the applicant pro- 
poses to render, the financial responsibility of the applicant, 
the ability of the applicant efficiently to perform the service 
for which authority is requested, conditions of and effect 
upon the public ways involved, and the safety of the public 
using such ways. No such certificate shall be issued unless 
and until it is established to the satisfaction of the depart- 
ment that there exists a public need for such additional 
service. No such certificate shall be denied solely on the 
ground that there is an existing rail service. No certificate 
to operate over a route already covered by a certificate shall 
be granted until the common carrier or carriers already oper- 
ating over the route shall have been given a reasonable op- 
portunity to furnish the additional service for which the de- 
partment finds that there is a public need and said common 
carrier or carriers shall have failed to furnish such additional 
service. 

Section 2. Every person required to procure a certificate schedule of 
under section one shall file with the department in simple [g'^e 'fliMi' 
and concise form a schedule or schedules showing the rates with depart- 
or charges for transportation to be rendered or furnished pubuc"^ 
within the commonwealth and showing the terminal or other utilities, 
services included therein. Such rates shall be just and reason- 
able and shall be reasonably compensatory, except that a 
rate may be estabUshed to meet the existing rate of a com- 
peting common carrier. No person shall charge, demand, 
exact, receive or collect for any service rendered an amount 



320 



Acts, 1934. — Chap. 264. 



Term "coiir 
tract carrier" 
ileflned. 



Permit 
required. 



Permits, 
issuance of. 



Department 

of public 
\ililities to 
make rules, 

etc. 



greater or less than the rate specified in such schedule or 
schedules, nor shall any such carrier refund or remit in any 
manner by any device any portion of the rate so specified, 
nor make or give any unreasonable preference or advantage 
to any person, nor furnish to any person any terminal or other 
service not included in the filed rate at less than a compensa- 
tory charge, nor subject any person to any unreasonable 
prejudice or discrimination. Rates may be changed on thirty 
days' notice to the department, but the department may 
allow changes without requiring such thirty daj^s' notice, 
and where such change is made to meet the existing rate of a 
competing common carrier, shall allow said change forthwith. 
The department may, on complaint of any interested party, 
after notice and hearing, allow or disallow, alter or prescribe 
such rates. Every such person shall be subject to such orders, 
rules and regulations as shall be adopted and promulgated 
by the department under the authority of this chapter, after 
public hearing, and to the general supervision, control and 
jurisdiction of the department. 

Section 3. The term "contract carrier" as hereinafter 
used is intended to include every person engaged in trans- 
porting property for hire by motor vehicle, other than a 
common carrier as defined in section one. 

It is hereby declared that the business of contract carriers 
is affected with the public interest and that the safety and 
welfare of the public upon the public ways within the com- 
monwealth, the preservation and maintenance of such ways 
and the proper regulation of common carriers using such 
ways require the regulation of contract carriers to the extent 
hereinafter provided. 

Section 4- No contract carrier shall operate any motor 
vehicle for the transportation of property for hire on any 
public way within the commonwealth unless there is in force 
with respect to such carrier a permit, issued by the depart- 
ment, authorizing such operation. 

Section 5. Such a permit shall be issued to any qualified 
apphcant if it shall appear that the applicant is fit, willing 
and able to perform the service of contract carrier, and to 
conform to the provisions of this chapter and the lawful 
requirements, rules and regulations of the department made 
thereunder and that the proposed operation is not incon- 
sistent with the public interest. The department shall specify 
in the permit the operations covered thereby and shall attach 
to it at the time of issuance, and from time to time thereafter, 
such terms and conditions not inconsistent with the character 
of the holder as a contract carrier as the public interest may 
require. 

Section 6. The department of its own motion may, and 
on petition of any interested party after a public hearing 
shall, prescribe rules and regulations covering the operation 
of contract carriers in competition with common carriers over 
the public ways within the commonwealth, and prescribe 
the minimum rates and charges of contract carriers in com- 



for certificate 
or permit, 
form and 
contents of. 



Acts, 1934. — Chap. 264. 321 

petition with such common carriers to be collected by such 
contract carriers. Said rates and charges of contract carriers 
in general shall not be less than those charged by such com- 
mon carriers for substantially the same or similar service. 
Nothing in this section shall apply to the transportation of 
property by motor vehicle for any common carrier when the 
rate charged the public for transportation of such property is 
already published and filed with the department. 

Section 7. Each application for a certificate or permit Applications 
shall be made in writing in such form as the department may 
prescribe, shall be verified by oath or written declaration form and 
that it IS made under the penalties oi perjury, shall contain 
such information as the department may require and shall be 
accompanied by a fee of ten dollars. Distinguishing plates 
shall be prescribed and furnished by the department annually 
for such number of vehicles as may be reasonably necessary 
for the conduct of the business of the holder of the certificate 
or permit, and said plates shall be displayed at all times on 
each motor vehicle operated under any of the provisions of 
this chapter. Transfer of such plates from one vehicle to 
another is prohibited except upon authority and consent of 
the department. The annual charge for each set of plates 
shall be one dollar. Any such certificate or any such permit 
issued as aforesaid may be assigned and transferred, with the 
approval and consent of the department, by the holder, his 
assignee, receiver or trustee, or by the holder's personal 
representative or the surviving partner or partners or the 
deceased partner's personal representative to whom the 
rights and privileges under said certificate or permit shall pass 
at the death of said holder. The department is authorized to 
prescribe the conditions precedent to such transfer and make 
any necessary rules and regulations pertaining thereto. The 
department may revoke any certificate or permit for wilful 
and repeated violations of any of the provisions of this chap- 
ter or the regulations of the department made under au- 
thority thereof, after a hearing, at least ten days' notice of 
which shall be given to the holder of the certificate or permit. 
Any such certificate or permit shall remain in effect unless 
and until revoked by the department as herein provided. 

Section 8. A certificate shall be granted as a matter of investigation 
right for the operation of the transportation service con- Jjfent.^***"'' 
ducted by or on behalf of the applicant, if upon investigation 
the department shall determine that such service was actually 
being rendered by the applicant on February first, nineteen 
hundred and thirty-four over the route or routes covered by 
the application, and in such case the said service may law- 
fully be continued pending the issue of such certificate, pro- 
vided application therefor is made within sixty days from the 
effective date of this section. No such application shall be 
denied except after hearing thereon by the department. A 
certificate shall also be granted as a matter of right for the 
operation of service of a seasonal nature, if upon investiga-* 
tion it appears to the satisfaction of the department that the 



322 Acts, 1934. — Chap. 264. 

applicant was actually operating such service in the season 
last preceding February first, nineteen hundred and thirty- 
four. 

A permit, without limitations as to territory or com- 
modities carried, shall be granted as a matter of right to any 
contract carrier regularly engaged in such business on 
February first, nineteen hundred and thirty-four, if applica- 
tion therefor is made within sixty days from the effective 
date of this section and said contract carrier may continue 
such operation pending the issue of such permit. 

Nothing contained in the foregoing sections shall be con- 
strued to prohibit a person from holding both a certificate 
as a common carrier and a permit as a contract carrier. 
Penalty. Section 9. It shall be unlawful for any driver to operate, 

or for the owner of the vehicle to require or permit any driver 
to operate, any motor vehicle for the transportation of prop- 
erty for hire on the public ways within the commonwealth, 
when the driver has been continuously on duty for more than 
twelve hours, and after a driver has been continuously on 
duty for more than twelve hours it shall be unlawful for him 
to operate, or for the owner of the vehicle to permit him to 
operate, any such motor vehicle on said public ways until he 
shall have had at least eight consecutive hours off duty. 

It shall be unlawful for any driver to operate, or for the 
owner of the vehicle to require or permit any driver to oper- 
ate, any motor vehicle for the transportation of property for 
hire on said public ways when the driver has been on duty 
more than sixteen hours in the aggregate in any twenty-four 
hour period, and when a driver has been on duty sixteen 
hours in any twenty-four hour period, it shall be unlawful for 
him to operate, or for the owner of the vehicle to require or 
to permit him to operate, a motor vehicle on the public ways 
within the commonwealth until he shall have had at least 
ten consecutive hours off duty. Periods of release from duty 
herein required shall be given at such place and under such 
circumstances that rest and relaxation from the strain of the 
duties of the employment may be obtained. No period off 
duty shall be deemed to break the continuity of service unless 
it be for at least three consecutive hours at a place where 
there is opportunity for a rest. In case of flood, storm or 
other unforeseen emergency, the driver may complete his 
run or tour of duty if such run or tour of duty would reason- 
ably have been completed without a violation of this section 
except for the delay caused by such emergency, or may make 
deliveries of necessaries of life notwithstanding the foregoing 
provisions of this section. 

The department shall have authority to make such rules 
and regulations as it deems necessary or advisable to insure 
proper enforcement of the provisions of this section. 
Exemptions. SectioTi 10. Thcrc shall be exempted from the provisions 

of this chapter, (1) motor vehicles while engaged exclusively 
in work for any branch of the government of the United 
States or for any department of the commonwealth, or for 



Acts, 1934. — Chap. 264. 



323 



any county, city, town or district; (2) motor vehicles while 
engaged exclusively in the delivery of the United States mail. 

Section 11. The provisions of section fifteen of chapter 
one hundred and fifty-nine A shall apply to violations of any 
provision of this chapter. 

Section 12. If any part, subdivision or section of this 
chapter shall be declared unconstitutional, the validity of its 
remaining provisions shall not be affected thereby. 

It is hereby declared to be the legislative intent that this 
chapter would have been enacted had such void or ineffective 
part, subdivision or section not been included therein. 

Section 13. Nothing contained in this chapter shall 
lessen or affect the authority or powers of the department of 
public works or of the registrar of motor vehicles under 
chapter ninety. 

Section 2. Section one A of chapter ninety of the 
General Laws, as most recently amended by section three of 
chapter three hundred and seventy-two of the acts of nine- 
teen hundred and thirty-three, is hereby further amended by 
striking out, in the eighth and ninth lines, the words "Part 
II of said chapter one hundred and fifty-nine A" and insert- 
ing in place thereof the words: — chapter one hundred and 
fifty-nine B, — so as to read as follows: — Section lA. No 
motor vehicle or trailer, except one owned by a person, firm 
or corporation, for the operation of which security is required 
to be furnished under section six of chapter one hundred and 
fifty-nine A, or one owned by any other corporation subject 
to the supervision and control of the department of public 
utilities other than one subject thereto solely under chapter 
one hundred and fifty-nine B, or one owned by a street rail- 
way company under public control, or by the commonwealth 
or any political subdivision thereof, shall be registered under 
sections two to five, inclusive, unless the appUcation therefor 
is accompanied by a certificate as defined in section thirty- 
four A, Ambulances, fire engines and apparatus, police 
patrol wagons and other vehicles used by the police depart- 
ment of any city or town or park board solely for the official 
business of such department or board (whether or not owned 
as aforesaid) shall not be subject to the requirements of this 
section. 

Section 3. Section seventy A of chapter one hundred 
and sixty of the General Laws, as most recently amended by 
chapter two hundred and thirty-six of the acts of nineteen 
hundred and thirty-two, is hereby further amended by in- 
serting after the word "ninety" in the eighth line the words: 
— and of chapter one hund^-ed and fifty-nine B, — so as to 
read as follows: — Section 70 A. A railroad corporation may 
acquire, hold, maintain and operate steamship companies, 
ferries, ferry boats and docks, and either directly or through 
subsidiaries, may own, maintain and operate motor vehicles 
not running upon rails or tracks, and aircraft for the trans- 
portation of passengers and/or freight. A railroad corpora- 
tion, or any subsidiary thereof, in maintaining and operating 



Certain pro- 
visions of lilW 
to apply. 

Constitu- 
tioiinlity. 



Powers of 
certain state 
officers, etc., 
not nffected. 



G. L. (Ter. 
Ed.), 90, § lA, 
etc.. amended. 



Registration. 



G. L. (Ter. 
Ed.), 160, 
§ 70A. etc., 
amended. 



Railrcjads 
may acquire 
and operate 
auxiliary 
services. 



324 



Acts, 1934. — Chap. 265. 



G. L. (Ter. 
Ed.), 161, 
§ 44, (imeiided. 



Street railway 
companies 
may use 
motor cars, 
etc. 



llepeal. 



such vehicles, shall be subject to all provisions of chapter 
ninety and of chapter one hundred and fifty-nine B and to 
all other laws applicable to aircraft or motor vehicles and the 
operation thereof, and, in respect to the transportation of 
passengers, to chapter one hundred and fifty-nine A, but in 
respect to the transportation of freight shall not be subject 
to the provisions of chapter one hundred and fifty-nine. 

The department may from time to time prescribe forms 
of accounting reports relating to the operations of motor 
vehicles for the transportation of passengers or freight by a 
railroad or subsidiary thereof and such reports shall be made 
in accordance with the forms prescribed. 

Motor vehicles operated by a railroad corporation directly 
or through subsidiaries for the transportation of freight 
within the commonwealth shall be operated only in areas 
now served by such corporation; and the department shall 
have authority, after a hearing had upon its own motion or 
upon complaint, to determine specified areas in which or 
points between which such motor vehicles may be operated 
and by order to prescribe and limit the number of such 
vehicles that may be operated by a railroad in such areas or 
between such points and to regulate the operation of such 
motor vehicles. 

This section shall not be construed to affect any right or 
privilege derived from the constitution or laws of the United 
States. 

Section 4. Section forty-four of chapter one hundred 
and sixty-one of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by striking out, 
in the fourth line, the words "chapter one hundred and fifty- 
nine A" and inserting in place thereof the words: — chap- 
ters one hundred and fifty-nine A and one hundred and fifty- 
nine B, — so as to read as follows: — Section 44. Any 
company, with the approval of the department, may acquire, 
own and operate, for the transportation of passengers or 
freight, motor vehicles not running upon rails or tracks, but 
in such operation shall be subject to chapters one hundred 
and fifty-nine A and one hundred and fifty-nine B, so far as 
applicable. 

Section 5. Chapter three hundred and seventy-two of 
the acts of nineteen hundred and thirty-three is hereby 
repealed. Approved June 7, 1934- 



Lhap. zoo ^^ ^^^ RELATIVE TO THE ELECTION OF COMMISSIONERS TO 
APPORTION SUFFOLK COUNTY INTO REPRESENTATIVE DIS- 
TRICTS. 

Be it enacted, etc., as follows: 

Ed) M*^'" Section one hundred and sixty-one of chapter fifty-four of 

§^"61, ' the General Laws, as appearing in the Tercentenary Edition, 

amended. jg ^gj-eby amended by striking out, in the seventh line, the 

word "twenty-four", and by inserting in place thereof the 



Acts, 1934. — Chap. 266. 



325 



word : — thirty-four, — and by striking out all after the 
colon in the eighth line down to and including the word 
"twenty-four" in the fourteenth line and inserting in place 
thereof the following: — First district, wards one, two, three. 
Second district, wards four, five, twenty-one, twenty-two. 
Third district, wards six, seven, eight, nine, ten, eleven. 
Fourth district, wards twelve, fourteen, nineteen, twenty. 
Fifth district, wards thirteen, fifteen, sixteen, seventeen, 
eighteen, — so that all of said section except the last para- 
graph will read as follows : — At the biennial state election in 
nineteen hundred and twenty-four, and in every tenth year 
thereafter, nine commissioners shall be elected to apportion 
Suffolk county into representative districts under section 
five of chapter fifty-seven. For the purpose of electing com- 
missioners as aforesaid, the city of Boston is hereby divided 
into the five following districts, each comprising the territory 
within the wards, as constituted on January first, nineteen 
hundred and thirty-four, which are hereinafter assigned to it : 
First district, wards one, two, three. Second district, wards 
four, five, twenty-one, twenty-two. Third district, wards 
six, seven, eight, nine, ten, eleven. Fourth district, wards 
twelve, fourteen, nineteen, twenty. Fifth district, wards 
thirteen, fifteen, sixteen, seventeen, eighteen. 

Approved June 7, 1934- 



(loniniissioiiers 
to apportion 
Suffolk 
county into 
represeiitiilive 
districts. 



G. L. (Ter. 

Ed.), 92, 

§ 48, uinonded. 



An Act relative to the disposal of moneys collected or Chap. 266 

RECEIVED BY THE METROPOLITAN DISTRICT COMMISSION 
ON ACCOUNT OF RESERVATIONS AND BOULEVARDS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-eight of chapter ninety-two of 
the General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting after the word 
"shall" in the seventh line the words: — , unless otherwise 
provided, — and by striking out all after the word "a" in 
the eleventh line down to and including the word "purposes" 
in the fifteenth line and inserting in place thereof the follow- 
ing: — separate account. Said account shall be used as a 
credit to the cities and towns of the metropolitan parks dis- 
trict toward the payment of assessments made thereon under 
general law to meet the cost of maintenance of reservations 
in said district, — so as to read as follows : — Section Jf.8. All 
sums of money collected or received by the commission in 
the exercise of its functions in relation to reservations or 
boulevards, including current receipts from the bath houses 
and sums received in the exercise of said functions for rentals, 
sales or use of property under its charge, and all fines re- 
covered for violation of rules and regulations made by the 
commission, or for violation of the laws of the commonwealth 
within the limits of said reservations or boulevards, shall, un- 
less otherwise provided, be accounted for and paid to the state 
treasurer, who shall receive the same and hold and invest the 



Metropolitan 
Parks 
Expense 
Fund. 



326 



Acts, 1934. — Chap. 267. 



G. L. (Ter. 

Ed.), 92, 

§ 9;i, amended. 



Proceeds of 
sale of lost 
property, etc. 



fi. L. (Ter. 

Ed.), 92, 

§ 94, amended. 



True owner 
to be paid 
proceeds of 
sale. 



I'lffective date. 



same, together with money collected or received by him in 
payment of betterments assessed by the commission in its 
exercise of said functions, as a separate account. Said ac- 
count shall be used as a credit to the cities and towns of the 
metropohtan parks district toward the payment of assess- 
ments made thereon under general law to meet the cost of 
maintenance of reservations in said district. This section 
shall not apply to any moneys received by the commission 
from admissions, souvenir privileges or from any other 
source, in connection with the Bunker Hill monument; but 
all moneys so received shall be paid into the general revenue 
of the commonwealth. 

Section 2. Section ninety-three of said chapter ninety- 
two, as so appearing, is hereby amended by striking out, in 
the fourth and fifth lines, the words "Metropohtan Parks 
Expense Fund" and inserting in place thereof the words: — 
special account provided for by section forty-eight, — so as 
to read as follows: — Section 93. The proceeds of such sales, 
together with such unclaimed money, after deducting all 
reasonable charges and expenses incurred on account of such 
property, shall be accounted for and paid to the common- 
wealth and shall be credited and added to the special account 
provided for by section forty-eight. 

Section 3. Section ninety-four of said chapter ninety- 
two, as so appearing, is hereby amended by striking out, in 
the fifth and sixth lines, the words "Metropohtan Parks 
Expense Fund" and inserting in place thereof the words: — 
special account, without appropriation, — so as to read as 
follows: — Section 94. If within two years after any such 
sale the owner claims such property and proves ownership to 
the satisfaction of the commission, the amount of such un- 
claimed money or the proceeds of the sale of such property, 
after deducting reasonable expenses, shall be paid to him by 
the state treasurer out of said special account, without ap- 
propriation. 

Section 4. This act shall take effect on December first 
of the current year. Approved June 7, 1934. 



Chav. 267 An Act relative to the health department of the city 

OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. As soon after the effective date of this act as 
practicable, the mayor of the city of Springfield, subject to 
confirmation or rejection by the city council, shall appoint a 
commissioner of public health, hereinafter called the com- 
missioner, and a public health council consisting of six mem- 
bers, two of whom shall be registered physicians. As the 
term of office of a member, other than the commissioner, ex- 
pires, his successor shall, subject to like confirmation or rejec- 
tion, be appointed by the mayor, who may also, subject to 
like confirmation or rejection, fill any vacancy in said council 



Acts, 1934. — Chap. 267. 327 

for the unexpired portion of the term. Upon the rejection of 
a person appointed under this section the mayor shall within 
one month thereafter make another appointment. The com- 
missioner or any other member of the public health council 
may be removed by the city council for cause after charges 
preferred, reasonable notice thereof and a hearing thereon; 
and the city council shall in any order of removal state its 
reasons therefor. 

Section 2. The commissioner shall be a registered 
physician, shall be specially fitted by education, training and 
experience to perform the duties of his office, and shall be 
appointed without regard to party affiliation or to residence 
at the time of appointment. He shall devote his entire time 
to the duties of his office and his compensation shall be fixed 
by the mayor and city council. He shall, ex officio, be a mem- 
ber of the public health council with the power to vote. The 
commissioner first appointed under this act shall hold office 
until the first Monday of February in the year nineteen 
hundred and forty and until his successor is duly qualified, 
unless sooner removed as hereinbefore provided. In the 
month of January in the year nineteen hundred and forty, 
and in the month of January of each fifth year thereafter, the 
mayor shall submit to the city council his appointment of a 
commissioner to serve for a term of five years from the first 
Monday of February following and until his successor is 
qualified, unless sooner removed as hereinbefore provided. 

Section 3. The commissioner shall perform the duties 
and, except as provided in section five, shall have all the 
powers imposed and conferred upon the board of health of 
the city of Springfield by general or special laws, and such 
other similar duties as may be prescribed by ordinance. He 
shall be the executive officer of the health department of 
said city and shall administer in said city the laws relative to 
health and sanitation and the rules and regulations of the 
state department of public health and the rules and regula- 
tions promulgated by the health council as hereinafter 
provided. 

Section 4. There shall be a deputy commissioner of 
public health and agent who shall perform all the duties 
imposed and conferred upon agents of boards of health by 
general or special laws, and in the absence of the commis- 
sioner shall perform all the duties and have all the powers of 
the commissioner. He shall be directly responsible to the com- 
missioner and under his direction and control. The agent of 
the board of health of said city in office upon the effective 
date of this act shall during good behavior hold office as such 
deputy commissioner and agent. His successors in office shall 
be appointed by the commissioner but shall be subject to 
chapter thirty-one of the General Laws, and rules and regu- 
lations made thereunder. 

Section 5. The public health council shall make and 
promulgate rules and regulations such as boards of health 
may make under general or special laws. It shall meet as 



328 Acts, 1934. — Chap. 268. 

often as necessary or at the call of the commissioner to advise 
the commissioner on all matters relative to health and sani- 
tation in said city and the administration of the health de- 
partment and hospitals of said city. It shall organize in 
February of each year and elect a chairman, who shall not 
be the commissioner. The terms of office of the members 
thereof first appointed hereunder, other than the commis- 
sioner, shall commence at the date of their confirmation by 
the city council and shall be so arranged as to expire at the 
end of one, two, and three years from the first Monday of 
February in the year nineteen hundred and thirty-five, the 
date of expiration to be specified in their respective commis- 
sions; and thereafter two members shall annually be ap- 
pointed for terms of three years from the first Monday of 
February next following. Not more than four members of 
said council shall be members of the same political party. 

Section 6. Upon the qualification of the commissioner 
first appointed under this act, the terms of office of the mem- 
bers of the board of health of said city then in office shall 
cease. 

Section 7. Such provisions of chapter ninety-four of the 
acts of eighteen hundred and fifty-two, and acts in amend- 
ment thereof or in addition thereto, and such ordinances of 
said city, as are inconsistent with this act are hereby re- 
pealed; but nothing in this act shall abrogate or in any man- 
ner affect the rules and regulations of the board of health of 
said city previously promulgated until and unless they are * 
amended or repealed by the public health council as herein- 
before provided. 

Section 8. This act shall be submitted for acceptance to 
the qualified voters of said city at the biennial state election 
in the current year in the form of the following question, 
which shall be placed upon the official ballot to be used in 
said city at said election: — "Shall an act passed by the 
general court in the current year, entitled 'An Act relative 
to the Health Department of the City of Springfield', be 

If a majority of the votes cast on 
tion are in the affirmative, this act 



Yes 



No 



Chap.268 



accepted?" 

said ques- 

shall thereupon take full effect; otherwise it shall be of 
no effect. Approved June 7, 1934. 

An Act providing for construction of a car stop in the 
extension of the boylston street subway under 
beacon street in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The transit department of the city of Boston, 
hereinafter called the transit department, shall, after the 
contract hereinafter provided for is made, construct as a 
part of the extension of the Boylston street subway under 
Beacon street in the city of Boston, constructed under the 
authority of chapter three hundred and forty-one of the acts 



Acts, 1934. — Chap. 269. 329 

of nineteen hundred and twenty-five, as amended by chapter 
three hundred and ninety-four of the acts of nineteen hundred 
and thirty, a car stop, with necessary entrances and exits, 
at such location in said Beacon street between the Boston 
and Albany railroad and Audubon Circle as it may determine 
and for said purpose shall have all the powers and authority 
conferred by said chapter three hundred and forty-one as 
amended. 

Section 2. Such car stop shall not be constructed until 
a plan altering the plan for the alterations and extensions of 
the Boylston street subway authorized by said chapter three 
hundred and forty-one so as to provide for such car stop shall 
have been approved by the department of public utilities as 
provided in said chapter three hundred and forty-one as 
amended and an agreement shall have been made between 
the transit department and the Boston Elevated Railway 
Company, hereinafter called the company, consenting to 
such alteration and agreeing to the amount to be added to 
the net cost of the alterations and extensions authorized by 
said chapter three hundred and forty-one as amended upon 
which the rental to be paid by the company under the exist- 
ing contract for use of the alterations and extensions au- 
thorized by said chapter three hundred and forty-one as 
amended is based. The transit department in behalf of the 
city of Boston and the company are hereby authorized to 
make such agreement. The treasurer of the city of Boston 
shall issue and sell bonds as provided in said chapter three 
hundred and forty-one as amended to meet all costs incident 
to carrying out the provisions of this act. 

Section 3. This act shall take effect upon its acceptance 
both by vote of the city council of the city of Boston, ap- 
proved by the mayor, and by the Boston Elevated Railway 
Company by vote of its board of directors, and upon the 
filing of certificates of such acceptances with the state secre- 
tary; provided, that such acceptances, approval and filing 
occur during the current year. Approved June 7, 1934- 



An Act to authorize the boston elevated railway com- Qfidj) 269 

PANY TO SELL ELECTRICITY FOR LIGHT, HEAT AND POWER TO 
THE EASTERN MASSACHUSETTS STREET RAILWAY COMPANY 
FOR USE SOLELY IN THE OPERATION OF ITS CHELSEA DIVI- 
SION. 

Be it enacted, etc., as follows: 

The Boston Elevated Railway Company is hereby author- 
ized, with the approval of the department of public utilities, 
to sell electricity for light, heat and power, to the extent that 
the electricity sold shall not be required for the proper opera- 
tion of its street railway system, to the Eastern Massa- 
chusetts Street Railway Company for use solely in the opera- 
tion of its Chelsea division, so-called, at such rates and upon 
such terms and conditions as said Boston Elevated Railway 



330 



Acts, 1934. — Chap. 270. 



Company may from time to time fix and determine, subject 
to like approval; provided, that the generating capacity of 
the Boston Elevated Railway Company's generating plants 
shall not be increased for that purpose. 

Approved June 7, 1934. 



G. L. (Ter. 
Ed.), 167, 
§ 4, nmended. 



Exiiinination 
of biinks on 
request of 
officers, etc. 



G. L. (Ter. 
Ed.), 167, 
§ 11, amended. 

Ketiirns, etc., 
may 1)6 
destroyed. 



Chap. 270 An Act relating to the examination of banks, the de- 
struction OF CERTAIN BANK RECORDS AND PENALIZING 
accessories IN LARCENIES FROM BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and 
sixty-seven of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out, in the 
fifth line, the word "two" and inserting in place thereof the 
word: — three, — so as to read as follows: — Section 4- 
Upon written application on oath to the commissioner by 
five or more officers, trustees, creditors or depositors of a 
bank setting forth their interest and the reasons for making 
an examination and requesting him to examine such bank, 
he shall forthwith make a full investigation of its affairs in 
the manner provided in the three preceding sections. 

Section 2. Said chapter one hundred and sixty-seven 
is hereby further amended by striking out section eleven, as 
so appearing, and inserting in place thereof the following : — 
Section 11. Returns to the commissioner under section 
twenty-six of chapter one hundred and seventy-two, records 
of examinations of banks made under section two of this 
chapter, certificates or other form of acknowledgment filed 
with the commissioner under section two A of this chapter, 
reports made under section twenty-six of chapter one hun- 
dred and sixty-eight, and reports made under section forty- 
nine of chapter one hundred and seventy, may, after six 
years from the date of their receipt, be destroyed or disposed 
of by order of their lawful custodian with the approval of the 
commissioner, and any proceeds received in the course of 
their disposal shall be paid to the commonwealth; provided, 
however, that if the commissioner shall have received actual 
notice in writing of any pending judicial proceeding in which 
such returns, records, certificates or other form of acknowledg- 
ment or reports shall be required, such returns, records, 
certificates or other form of acknowledgment or reports shall 
not be destroyed or disposed of until after the final determi- 
nation of such judicial proceeding. 

Section 3. Section fifty-two of chapter two hundred 
and sixty-six of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out, in the 
seventh line, the word ", and" and inserting in place thereof 
the following: — Any such officer, director, trustee, agent or 
employee so guilty of larceny and any person who knowingly 
aids, counsels or procures such larceny to be committed, — 



G. L. (Ter. 
Ed.), 266, 
§ 52, amended 



Acts, 1934. — Chap. 271. 331 

so as to read as follows : — Section 52. An officer, director, Fraud, etc., 
trustee, agent or employee of a bank, as defined in section one office" ' 
of chapter one hundred and sixty-seven, who fraudulently con- i'p"'iity- 
verts, or fraudulently takes and secretes with intent so to do, 
any bullion, money, note, bill or other security for money 
which belongs to and is in possession of such bank, or which 
belongs to any person and is deposited therein, shall, whether 
intrusted with the custody thereof or not, be guilty of larceny 
from said bank. Any such officer, director, trustee, agent or 
employee so guilty of larceny and any person who knowingly 
aids, counsels or procures such larceny to be committed shall 
be punished by imprisonment in the state prison for not more 
than fifteen years, or by a fine of not more than two thousand 
dollars and imprisonment in jail for not more than two and 
one half years. Approved June 7, 1934. 

An Act enlarging the scope of the laws regulating Chap. 271 

PLUMBING IN THE CITY OF BOSTON TO INCLUDE WATER 
SUPPLY SYSTEMS AND MAKING CERTAIN OTHER CHANGES IN 
SUCH LAWS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and twelve of chapter 
five hundred and fifty of the acts of nineteen hundred and 
seven is hereby amended by inserting after the first paragraph 
the following definition : — 

"Plumbing", when used with respect to a trade or calhng, 
shall mean the art of installing in buildings the pipes, fixtures 
and other apparatus for bringing in the water supply and re- 
moving liquid and water carried wastes; and, when otherwise 
used, shall include the water supply distributing pipes, the 
fixtures and fixture traps and the soil, waste and vent pipes. 

Section 2. Section one hundred and seventeen of said 
chapter five hundred and fifty is hereby amended by striking 
out, in the eighth and ninth lines, the words " ; and in such" 
and inserting in place thereof the words: — , and a combination 
sink and tray may be connected through one two-inch half S 
brass trap ; and in either, — so that the first paragraph will 
read as follows : — The waste pipe of every independent sink, 
basin, bath-tub, water-closet, slop-hopper, urinal or other 
fixture shall be furnished with a separate trap, which shall be 
placed as near as practicable to the fixture which it serves. 
A sink and set of three wash-trays may be connected to the 
house drain through one five inch round trap, when the outlet 
of the sink is not over three feet six inches from the nearest 
outlet from the wash-trays, and a combination sink and tray 
may be connected through one two-inch half S brass trap; 
and in either case the trap shall be above the floor. The out- 
let from each fixture shall enter the trap separately. Not 
more than four wash-bowls or sinks in a continuous line may 
be connected to the house drain through one five inch round 
trap. Two or more fixtures on the same level with not more 
than two feet of waste pipe and connecting into the soil or 



332 Acts, 1934. — Chap. 272. 

waste pipe not more than eighteen inches below the top water 
Hne of the trap, shall not require other vent than the con- 
tinuation of the soil or waste pipe full size for its whole 
length. Lateral branches of soil or waste pipe, if more than 
twenty feet in length, shall be extended through the roof 
undiminished in size. All connections on lead waste and back 
air pipes and of lead pipes to brass ferrules and soldering 
nipples shall be full size wiped soldered branch, round or 
flange joints. Soil and waste pipes shall have proper T-Y or 
Y branches for all fixture connections. No connection to 
lead bends for water-closets or slop sinks shall be permitted, 
except the required back air pipe where a continuous vent 
is not practicable. 

Section 3. Section one hundred and twenty of said 
chapter five hundred and fifty is hereby amended by striking 
out, in the second line, the word "or" and inserting in place 
thereof a comma, — and by inserting after the word "cis- 
tern" in the second and third lines the words: — or approved 
flush valve, — so as to read as follows: — Section 120. 
Every water-closet or line of water-closets shall be supplied 
with water from a tank, cistern or approved flush valve, and 
shall have a flushing pipe of not less than one and one quarter 
inches in diameter. Privy vaults shall be of brick and cement 
of a capacity of not less than fifty cubic feet, of easy access, 
convenient to open, and clean, and water tight. The inside 
shall be not less than two feet from the next lot and from any 
public or private way. 

Section 4. This act shall take effect upon its passage. 

Approved June 7, 1934. 



Chap. 272 An Act relative to the payment of compensation for 

THE SLAUGHTERING OF ANIMALS REACTING TO THE TUBER- 
CULIN TEST. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scction thirty-thrcc of chapter one hundred and twenty- 

f 33,'a^mend(d. ninc of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by inserting after the word 
"segregation" in the tenth line the word: — , sale, — and by 
inserting after the word "animal" the second time it occurs 
in the thirty-first line the following : — ; and provided, 
further, that no payment shall be made for any animal if, 
since the previous test, the owner or his representative has 
violated the rules and regulations made hereunder; and pro- 
vided, further, that the owner or his representative has not 
unlawfully or improperly obtained or attempted to obtain 
reimbursement for any animal, — so as to read as follows: — 
Tuberculin Scction 33. Exccpt as Otherwise provided, a person who 
tain°in1mais. ^^^ animals tested with tuberculin shall not be entitled to 
Compeiusntidii. compcnsatiou from the commonwealth for any animals 
which react to the tuberculin test unless they have been 
tested by the director or qualified veterinarians acting under 



Acts, 1934. — Chap. 273. 333 

his authorization and have been owned and kept by the 
owner applying for the test on the premises where tested for 
a period of not less than sixty days next prior to the date of 
said test or have been admitted to the herd on a test approved 
by the director. The director may prescribe rules and regu- 
lations for the inspection of cattle by the application of the 
tuberculin test and for the segregation, sale or slaughter of 
reacting animals; but no inspection by the appHcation of 
such test shall be made unless an agreement has previously 
been entered into for such inspection and application with the 
owner of the animals, except as provided in section thirty- 
three B. If, in the opinion of the director, any of the animals 
react to the test and are slaughtered in consequence thereof, 
the owner shall be reimbursed by the commonwealth in the 
manner hereinafter provided. The director may appoint 
persons to make appraisals of reacting cattle in conjunction 
with the owner or his authorized representative. Such ap- 
praisal shall be subject to the rights of arbitration and petition 
set forth in section thirty-one; provided, that the award or 
damages shall be within the limits prescribed by this section. 
The commonwealth shall, within thirty days after the filing 
in the office of the director of a valid claim for reimbursement 
in pursuance of such an appraisal or of an award under sec- 
tion thirty-one, pay to the owner of any animal slaughtered 
under authority of any rules or regulations made hereunder, 
or to any mortgagee or assignee designated in writing by 
said owner, one half of the difference between the amount 
received by the owner for the carcass of the animal and the 
value of the animal as determined by appraisal as aforesaid; 
provided, that payment by the commonwealth hereunder 
shall not exceed fifty dollars for any grade animal or seventy- 
five dollars for any pure-bred animal; and provided, further, 
that no payment shall be made for any animal if, since the 
previous test, the owner or his representative has violated 
the rules and regulations made hereunder; and provided, 
further, that the owner or his representative has not unlaw- 
fully or improperly obtained or attempted to obtain reim- 
bursement for any animal; and provided, further, that the 
owner or his representative has not, in the opinion of the 
director, by wilful act or neglect, contributed to the spread of 
bovine tuberculosis. Approved June 7, 1934- 



x\n Act authorizing the county of hampden to provide Chap. 273 
A pension for the widow of merritt w. hayden. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Hampden shall, forthwith upon their acceptance of this act, 
establish in favor of Mary W. Hayden, widow of Merritt W. 
Hayden who was fatally injured while in the performance of 
his dutj'- as a guard at the Hampden county jail on October 
twenty-two, nineteen hundred and thirty-three, and who died 



334 Acts, 1934. — Chap. 274. 

as a result thereof on October twenty-five, nineteen hundred 
and thirty-three, an annual pension of nine hundred dollars, 
payable in equal monthly instalments so long as she remains 
a widow. If said widow dies, said pension shall be paid in 
equal shares to or for the benefit of such children of the said 
Merritt W. Hayden as are under the age of sixteen years 
during such time as said children are under said age. 

Section 2. This act shall take effect upon its accept- 
ance, prior to December thirty-first in the current year, by 
the county commissioners of said county. 

(The foregoing was laid before the governor on the first day of 
June, 1934, <ind after five days it had ^Hhe force of a law", as 
prescribed by the constitution, as it was not returned by him 
with his objections thereto within that time.) 



Chap. 274 An Act authorizing the city of lawrence to pay cer- 
tain BILLS AND PAY ROLLS OF THE YEAR NINETEEN HUN- 
DRED AND THIRTY-THREE. 

Be it enacted, etc., as follows: 

Section 1. The city of Lawrence is hereby authorized to 
appropriate money for the payment of, and to pay, all unpaid 
bills and pay rolls of said city included as deferred accounts of 
nineteen hundred and thirty-three in the report of the 
director of finance and public affairs of said city issued under 
the title director of finance for the month of December, 
nineteen hundred and thirty-three, a copy of which is on file 
in the office of the director of accounts in the state depart- 
ment of corporations and taxation, but no bill or pay roll 
may be paid from an appropriation made under authority of 
the foregoing, without the approval of the emergency finance 
board, estabhshed under section one of chapter forty-nine of 
the acts of nineteen hundred and thirty-three. Said board, 
in addition to other powers heretofore conferred upon it, 
shall have the power to approve such bills or pay rolls under 
such conditions as in its judgment are for the best interests 
of the citizens of said city, but no such conditions shall be 
effective after December thirty-first, nineteen hundred and 
thirty-five. In case said board as such a condition so orders 
and notifies the director of finance and public affairs of said 
city to that effect, no appropriation for the current year made 
by such city after the passage of this act shall be valid without 
the written approval of said board and no appropriation by 
such city in the year nineteen hundred and thirty-five for a 
purpose other than one for which an appropriation was made 
for the current year or for an amount in excess of any appro- 
priations made for the current year for a similar purpose 
shall be vahd without the written approval of said board. 
Any person who signs any authorization for payment of any 
such bill or pay roll or pays the same unless the provisions of 
this section and any conditions imposed hereunder are com- 
plied with, and any person who receives any money on ac- 



Acts, 1934. — Chap. 275. 

count of the same knowing that any such provision or con- 
dition has not been compHed with, shall be guilty of larceny. 
Section 2. This act shall take effect upon its passage. 

Approved June 12, 1934. 



335 



An Act further regulating the use of traps and other (JJiqt) 275 

DEVICES for the CAPTURE OF FUR-BEARING ANIMALS AND 



PROVIDING FOR LOCAL OPTION THEREON. 

Whereas, The deferred operation of this act would in part 
defeat its purpose to terminate without further delay the 
uncertainty that has attended its subject matter, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-one of the 
General Laws is hereby amended by inserting after section 
one hundred and five A the following two new sections : — 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 131, 
new sections 
105B and 



Chapter 275, Acts of 1934. 

Referendum petition filed July 3, 1934. 

See page 622. 



by two per centum of the registered voters thereof, requesting 
such action, said clerk shall cause to be submitted to the 
voters of such city or town at the next municipal election the 
following question, to be voted on by ballot, said question to 
be placed on the official ballot in cities, and in towns using 
official ballots at town elections, for the election of city and 
town oflScers: — "Shall the operation of section one hundred 
and five B of chapter one hundred and thirty-one of the Gen- 
eral Laws, requiring for the taking of fur-bearing animals the 
use of traps that kill at once or take such ani- 
mals alive unharmed, be suspended within this 
city (or town)?" 
or, if the operation of section one hundred and five B has 
been so suspended, the question: — "Shall section one hun- 
dred and five B of chapter one hundred and thirty-one of 
the General Laws, requiring for the taking of fur-bearing 
animals the use of traps that kill at once or 
take such animals alive unharmed, be again 
operative in this city (or town)?" 



Yes. 




No. 





Yes. 
No. 







334 Acts, 1934. — Chap. 274. 

as a result thereof on October twenty-five, nineteen hundred 
and thirty-three, an annual pension of nine hundred dollars, 
payable in equal monthly instalments so long as she remains 
a widow. If said widow dies, said pension shall be paid in 
equal shares to or for the benefit of such children of the said 
Merritt W. Hayden as are under the age of sixteen years 
during such time as said children are under said age. 

Section 2, This act shall take effect upon its accept- 
ance, prior to December thirty-first in the current year, by 
the county commissioners of said county. 

{The foregoing was laid before the governor on the first day of 
June, 1934, «^<^ cifter Jive days it had 'Uhe force of a law", as 
prescribed by the constitution, as it was not returned by him 
with his objections thereto within that time.) 



Chap. 274 An Act authorizing the city of Lawrence to pay cer- 
tain BILLS AND PAY ROLLS OF THE YEAR NINETEEN HUN- 

T^T-»T7iT\ * XTT-\ mTTTT> nn"v_rntrT> c^ iji 



tne acts oi mneieeu iiuiiuieu auu liui u^-mret!. oaiu uuaiu, 
in addition to other powers heretofore conferred upon it, 
shall have the power to approve such bills or pay rolls under 
such conditions as in its judgment are for the best interests 
of the citizens of said city, but no such conditions shall be 
effective after December thirty-first, nineteen hundred and 
thirty-five. In case said board as such a condition so orders 
and notifies the director of finance and public affairs of said 
city to that effect, no appropriation for the current year made 
by such city after the passage of this act shall be valid without 
the written approval of said board and no appropriation by 
such city in the year nineteen hundred and thirty-five for a 
purpose other than one for which an appropriation was made 
for the current year or for an amount in excess of any appro- 
priations made for the current year for a similar purpose 
shall be vahd without the written approval of said board. 
Any person who signs any authorization for payment of any 
such bill or pay roll or pays the same unless the provisions of 
this section and any conditions imposed hereunder are com- 
plied with, and any person who receives any money on ac- 



Acts, 1934. — Chap. 275. 



335 



count of the same knowing that any such provision or con- 
dition has not been compHed with, shall be guilty of larceny. 
Section 2. This act shall take effect upon its passage. 

Approved June IS, 1934- 



An Act further regulating the use of traps and other (JJidj) 275 

DEVICES FOR THE CAPTURE OF FUR-BEARING ANIMALS AND 



PROVIDING FOR LOCAL OPTION THEREON. 

Whereas, The deferred operation of this act would in part 
defeat its purpose to terminate without further delay the 
uncertainty that has attended its subject matter, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-one of the 
General Laws is hereby amended by inserting after section 
one hundred and five A the following two new sections : — 
Section 105 B. Subject to the provisions of sections one 
hundred and five C and one hundred and fourteen A, who- 
ever uses, sets or maintains any trap or other device for the 
capture of fur-bearing animals which is likely to cause con- 
tinued suffering to an animal caught therein, and which is 
not designed to kill such animal at once or to take it alive 
unhurt, shall be fined fifty dollars; but this section shall not 
apply to traps or other devices for protection of property if 
set or maintained not more than fifty yards from any build- 
ing, cultivated plot of land, or enclosure used for the rearing 
of poultry, including game birds, to the use of which building, 
plot or enclosure the presence of vermin may be detrimental. 

Section 105C. If there is filed with the clerk of any city or 
town a petition signed by twenty-five registered voters there- 
of or in towns having a population of less than five hundred, 
by two per centum of the registered voters thereof, requesting 
such action, said clerk shall cause to be submitted to the 
voters of such city or town at the next municipal election the 
following question, to be voted on by ballot, said question to 
be placed on the official ballot in cities, and in towns using 
official ballots at town elections, for the election of city and 
town ofl5cers: — "Shall the operation of section one hundred 
and five B of chapter one hundred and thirty-one of the Gen- 
eral Laws, requiring for the taking of fur-bearing animals the 
use of traps that kill at once or take such ani- 
mals alive unharmed, be suspended within this 
city (or town)?" 
or, if the operation of section one hundred and five B has 
been so suspended, the question: — "Shall section one hun- 
dred and five B of chapter one hundred and thirty-one of 
the General Laws, requiring for the taking of fur-bearing 
animals the use of traps that kill at once or 
take such animals ahve unharmed, be again 
operative in this city (or town)?" 



Yes. 




No. 





Yes. 




No. 





Emergency 
preamble. 



G. L. (Ter. 
Ed.), 131, 
new sections 
1()5B and 
1050, added. 
Use of traps, 
etc., for 
capture of 
certain 
animals, 
regulated. 



Referendum. 



336 



Acts, 1934. — Chap. 276. 



G. L. ('Per. 
F,d.)- 181, 
§ ]05A, etc., 
repealed. 



G. L. ('I'er. 
K(I.), 131. 
new section 
1 14A, lidded. 

Suspension of 
certain provi- 
sions of law. 



Petition for 
referendum. 



If a majority of the votes cast in such city or town in 
answer to the question submitted is in the affirmative, said 
section one hundred and five B shall not, or shall, as the case 
may be, thereafter apply in such city or town unless and until 
a majority of the voters thereof voting on the other question 
at a municipal election vote thereon in the affirmative. 

Section 2. Section one hundred and five A of said chapter 
one hundred and thirty-one, as amended by chapter two 
hundred and three of the acts of nineteen hundred and 
thirty-three, is hereby repealed. 

Section 3. Said chapter one hundred and thirty-one is 
hereby further amended by inserting after section one hun- 
dred and fourteen, as appearing in the Tercentenary Edition, 
the following new section : — Section II4A. The commissioner 
may by order, whenever in his opinion such action is neces- 
sary, suspend for not exceeding thirty days the operation, 
within any specified territory under the control of the depart- 
ment and designated in such order, of the provisions of section 
one hundred and five B. The provisions of section one 
hundred and eighteen, so far as apt, shall apply to such an 
order. 

Section 4. The selectmen of a town, upon petition filed 
with the town clerk and signed by twenty-five registered 
voters thereof, or in towns having a population of less than 
five hundred, by two per centum of the registered voters 
thereof, requesting that the question first set forth in section 
one hundred and five C of chapter one hundred and thirty- 
one of the General Laws, as appearing in section one of this 
act, be submitted to the voters of the town at a special town 
meeting in the current year, shall call such a meeting to be 
held not later than thirty days following the filing of such 
petition. Said question shall be submitted to the said voters 
at such meeting voting by ballot thereon, with the same force 
and effect as if submitted under said section. Towns divided 
into voting precincts shall, if the selectmen so order, vote on 
said question at such election in their several precincts. 

Approved June 12, 1934- 



Eiiier{;ency 
preamble. 



Chap. 276 ^^ ^^'^ providing that salaries and compensation of 

COUNTY OFFICERS AND EMPLOYEES, EXCEPT IN THE COUNTY 
OF SUFFOLK, RECENTLY REDUCED BE RESTORED IN PART. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The rate of salary or compensation payable 
immediately prior to the effective date of this act to the holder 
of each office and position in the service of each county of the 
commonwealth, except Suffolk, including salaries and com- 
pensations payable by more than one county, shall be in- 



Acts, 1934. — Chaps. 277, 278. 337 

creased by an amount equivalent to one third of the net 
reduction made in such rate by or under chapters one 
hundred and eighty-six and three hundred and twenty-two, 
both of the acts of nineteen hundred and thirty-three, except 
that in the case of any official or employee of any such 
county who, immediately prior to the effective date of the 
reduction under said chapter one hundred and eighty-six, 
was receiving less than the minimum rate provided for his 
grade or position in the classification schedule of June first, 
nineteen hundred and thirty-one, the rate shall be increased 
by an amount equal to the increase granted hereby or here- 
under to an ofiicial or employee who was receiving said 
minimum rate immediately prior to said effective date. The 
rates of salary or compensation, as increased hereby, shall be 
effective as of May first of the current year and until their 
full restoration in accordance with said chapter one hundred 
and eighty-six. 

Section 2. The provisions of said chapter one hundred 
and eighty-six relative to the administration and enforcement 
thereof shall apply to the administration and enforcement of 
this act, so far as applicable. Approved June 12, 1934. 



An Act authorizing the city of fall river to refund Chav. 277 

CERTAIN TAXES ERRONEOUSLY ASSESSED UPON AND COL- 
LECTED FROM MARY B. SILVERWOOD. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River is hereby authorized to 
refund to Mary B. Silverwood of said city the sum of fifty- 
four dollars and twenty-four cents, the same being the 
amount which has heretofore been collected by said city 
from said Mary B. Silverwood as taxes upon certain real 
estate in said city, which through mistake was erroneously 
assumed by the assessors of said city to have been the proper- 
ty of said Mary B. Silverwood. 

Section 2. This act shall take effect upon its passage. 

Approved June 12, 1934. 



An Act authorizing the city of newburyport to incur fh^j^ 070 
indebtedness for high school purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of purchasing or otherwise 
acquiring land in the city of Newburyport for high school 
purposes and for the original construction of a high school 
building on said land, including the cost of the original 
equipment and furnishings of such building, said city may 
borrow from time to time, within a period of five years from 
the passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, five hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 



338 Acts, 1934. — Chap. 279. 

their face the words, Newburyport High School Loan, Act 
of 1934. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than fifteen 
years from their dates, but no issue shall be authorized under 
this section unless a sum equal to an amount not less than ten 
per cent of such authorized issue is voted for the same pur- 
pose to be raised in the tax levy of the year when authorized. 
Indebtedness incurred under this act shall be in excess of the 
statutory limit and shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws, exclusive of 
the limitation contained in the first paragraph of section 
seven thereof, as appearing in the Tercentenary Edition. 
Section 2. This act shall take effect upon its passage. 

Approved June 12, 1934- 

Chap. 279 ^^ ^^'^ making appropriations for the maintenance of 

CERTAIN COUNTIES, FOR INTEREST AND DEBT REQUIREMENTS, 
FOR CERTAIN PERMANENT IMPROVEMENTS, AND GRANTING A 
COUNTY TAX FOR SAID COUNTIES. 

Emergency Wkereas, The deferred operation of this act would cause 

pveambiB. substantial inconvenience, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section L The following sums are hereby appropriated 
for the counties hereinafter specified for the year nineteen 
hundred and thirty-four. No direct drafts against the 
account known as the reserve fund shall be made, but trans- 
fers from this account to other accounts may be made to 
meet extraordinary or unforeseen expenditures upon the 
request of the county commissioners and with the approval 
of the director of accounts. 

Section 2. 

Barnstable County. 
Item 

1 For interest on county debt, a sum not exceeding eight 

thousand seven hundred fifty dollars . . . $8,750 00 

2 For reduction of county debt, a sum not exceeding fifteen 

thousand dollars 15,000 00 

3 For salaries of county officers and assistants, a sum not 

exceeding nineteen thousand three hundred thirty 

dollars 19,330 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing nine thousand one hundred eighty dollars . . 9,180 00 

5 For salaries and expenses of district courts, a sum not ex- 

ceeding eighteen thousand seven hundred ninety-five 

dollars 18,795 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 

exceeding eighteen thousand forty-five dollars . . 18,045 00 

7 For criminal costs in the superior court, a sum not exceed- 

ing fourteen thousand dollars ..... 14,000 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding eight 

thousand dollars 8,000 00 



Acts, 1934. — Chap. 279. 339 

Item 

10 For transportation expenses of county and associate com- 

missioners, a sum not exceeding nine hundred fifty 

dollars $950 00 

11 For medical examiners, inquests, and commitments of 

the insane, a sum not exceeding two thousand dollars 2,000 00 

12 For auditors, masters and referees, a sum not exceeding 

three thousand dollars ...... 3,000 00 

14 For repairing, furnishing and improving county buildings, 

a sum not exceeding five thousand five hundred dollars 5,500 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not 
exceeding thirteen thousand seven hundred eighty-five 
dollars 13,785 00 

16 For highways, including state highways, bridges and land 

damages, a sum not exceeding eighty-one thousand 

dollars 81,000 00 

17 For law libraries, a sum not exceeding two hundred fifty 

dollars 250 00 

18 For training school, a sum not exceeding five hundred 

dollars 500 00 

19 For county aid to agriculture, a sum not exceeding eleven 

thousand seven hundred dollars .... 11,700 00 

20 For the sanatorium, a sum not exceeding fifty-two 

thousand seven hundred dollars .... 52,700 00 
20a For county health service, a sum not exceeding ten 

thousand nine hundred ninety dollars . . . 10,990 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding one thousand two hundred 

dollars 1,200 00 

23a For unpaid bills of previous years, a sum not exceeding 

one thousand one hundred forty dollars . . . 1,140 00 

23b For a state fire patrol, a sum not exceeding one thousand 

two hundred dollars 1,200 00 

24 For a reserve fund, a sum not exceeding five thousand 

dollars 5,000 00 

And the county commissioners of Barnstable county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of two hundred fourteen thousand seven 
hundred twenty-three dollars and eighty-three cents, 
to be expended, together with the cash balance on hand 
and the receipts from other sources for the above pur- 
poses $214,723 83 

Berkshire County. 

1 For interest on county debt, a sum not exceeding nine 

thousand five hundred dollars .... $9,500 00 

2 For reduction of county debt, a sum not exceeding seven- 

teen thousand dollars ...... 17,000 00 

3 For salaries of county officers and assistants, a sum not 

exceeding twenty-seven thousand eight hundred forty 

dollars 27,840 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing ten thousand six hundred sixty dollars . . 10,660 00 

5 For salaries and expenses of district courts, a sum not 

exceeding forty-three thousand seven hundred forty 

dollars 43,740 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 
exceeding thirty-four thousand four hundred forty 
dollars 34,440 00 

7 For criminal costs in the superior court, a sum not exceed- 

ing eight thousand dollars ..... 8,000 00 



340 Acts, 1934. — Chap. 279. 



Item 

8 For civil expenses in the supreme judicial, supeiior, pro- 
bate, and land courts, a sum not exceeding fifteen 
thousand dollars ....... $15,000 00 

10 For transportation expenses of county and associate 

commissioners, a sum not exceeding one thousand four 

hundred twenty-five dollars ..... 1,425 00 

11 For medical examiners, inquests, and commitments of the 

insane, a sum not exceeding four thousand five hundred 

dollars 4,500 00 

12 For auditors, masters and referees, a sum not exceeding 

two thousand dollars 2,000 00 

14 For repairing, furnisliing and improving county buildings, 

a sum not exceeding twelve thousand dollars . . 12,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not 
exceeding nineteen thousand eight hundred forty-five 
dollars 19,845 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding one hundred thirty- 
five thousand five hundred dollars .... 135,500 00 
16a For examination of dams, a sum not exceeding one 

thousand dollars 1,000 00 

17 For law libraries, a sum not exceeding one thousand five 

hundred dollars 1,500 00 

18 For training school, a sum not exceeding one thousand 

dollars 1,000 00 

19 For county aid to agriculture, a sum not exceeding eleven 

thousand one hundred ten dollars . . . . 11,110 00 

20 For the sanatorhmi (Hampshire county), a sum not ex- 

ceeding eight thousand dollars .... 8,000 00 

21 For the care and maintenance of Greylock state reserva- 

tion, a sum not exceeding nine thousand dollars . 9,000 00 

21a For the care and maintenance of Mount Everett state 

reservation, a sum not exceeding one thousand dollars 1,000 00 

22 For pensions, a sum not exceeding eight hundred five 

dollars 805 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding three thousand five hundred 

dollars 3,500 00 

23a For unpaid bills of previous years, a sum not exceeding 

one thousand two hundred dollars .... 1,200 00 

24 For a reserve fund, a sum not exceeding six thousand 

dollars 6,000 00 

And the county commissioners of Berkshire county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of three hundred fifty-six thousand one 
hundred twentj^ dollars and seventy-one cents, to be 
expended, together with the cash balance on hand and 
the receipts from other sources, for the above purposes $356,120 71 

Bristol Cotinty. 

1 For interest on county debt, a sum not exceeding seven- 

teen thousand dollars .'517,000 00 

2 For reduction of county debt, a sum not exceeding forty- 

four thousand dollars 44,000 00 

3 For salaries of county officers and assistants, a sum not 

exceeding forty-five thousand five hundred seventy- 
five dollars 45,575 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing thirty-four thousand two lumdred ninety dollars . 34,290 00 
6 For salaries and expenses of district courts, a sum not ex- 
ceeding one hundred five thousand five hundred 
seventy-five dollars ...... 105,575 00 



Acts, 1934. — Chap. 279. 341 

Item 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 
exceeding seventy-three thousand two hundred forty 
dollars $73,240 00 

7 For criminal costs in the superior court, a sum not ex- 

ceeding fifty-six thousand two hundred twenty dollars 56,220 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding forty 

thousand dollars 40,000 00 

10 For transportation expenses of county and associate 

commissioners, a sum not exceeding one thousand 

three hundred dollars 1,300 00 

11 For medical examiners, inquests, and commitments of 

the insane, a sum not exceeding sixteen thousand five 

hundred dollars 16,500 00 

12 For auditors, masters and referees, a sum not exceeding 

nine thousand dollars ...... 9,000 00 

14 For repairing, furnishing and improving county build- 

ings, a sum not exceeding sixteen thousand dollars . 16,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not 
exceeding forty-two thousand eight hundred eighty 
dollars 42,880 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding thirty-five thou- 
sand dollars 35,000 00 

17 For law libraries, a sum not exceeding seven thousand 

dollars 7,000 00 

18 For training school, a sum not exceeding four thousand 

five hundred dollars ...... 4,500 00 

19 For the agricultural school, a sum not exceeding fifty-one 

thousand nine hundred twenty-five dollars . . 51,925 00 

22 For pensions, a sum not exceeding eleven thousand 

dollars 11,000 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding one thousand two hundred 

dollars 1,200 00 

23a For unpaid bills of previous years, a sum not exceeding 

four thousand dollars ...... 4,000 00 

24 For a reserve fund, a sum not exceeding five thousand 

dollars 5,000 00 

And the county commissioners of Bristol county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of four hundred sixty-six thousand nine 
hundred fifty-five dollars, to be expended, together 
with the cash balance on hand and the receipts from 
other sources, for the above purposes . . . $466,955 00 

County of Dukes County. 

1 For interest on county debt, a sum not exceeding two 

thousand dollars $2,000 00 

2 For reduction of county debt, a sum not exceeding twelve 

thousand five hundred sixty-five dollars and seventy- 
one cents ........ 12,565 71 

3 For salaries of county officers and assistants, a sum not 

exceeding five thousand seven hundred ninety dollars 5,790 00 

4 For clerical assistance in county oflSces, a sum not ex- 

ceeding one thousand three hundred forty dollars . 1 ,340 00 

5 For salaries and expenses of district courts, a sum not ex- 

ceeding three thousand nine hundred seventy dollars 3,970 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 

exceeding one thousand five hundred dollars . . 1.500 00 



342 Acts, 1934. — Chap. 279. 



Item 

7 For criminal costs in the superior court, a sum not ex- 

ceeding one thousand five hundred dollars . . $1,500 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding one thou- 
sand five hundred dollars ..... 1,500 00 

10 For transportation expenses of county and associate 

commissioners, a sum not exceeding three hundred 

dollars 300 00 

11 For medical examiners, inquests, and commitments of 

the insane, a sum not exceeding three hundred dollars 300 00 

12 For auditors, masters and referees, a sum not exceeding 

three hundred dollars 300 00 

14 For repairing, furnishing and improving county build- 

ings, a sum not exceeding five thousand dollars . . 6,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not ex- 
ceeding three thousand dollars .... 3,000 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding seven thousand 

dollars 7,000 00 

17 For law libraries, a sum not exceeding two hundred 

dollars 200 00 

19 For county aid to agriculture, a sum not exceeding five 

hundred dollars 500 00 

20 For the sanatorium (Barnstable county), a sum not ex- 

ceeding six thousand dollars ..... 6,000 00 

21 For the Gay Head reservation, a sum not exceeding one 

hundred dollars 100 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding five hundred dollars . 500 00 

23a For unpaid bills of previous years, a sum not exceeding 

five hundred fifty dollars ..... 650 00 

24 For a reserve fund, a sum not exceeding five hundred 

dollars 500 00 

And the county commissioners of the county of Dukea 
County are hereby authorized to le\'y as the county 
tax of said county for the current year, in the manner 
provided by law, the sum of forty-seven thousand two 
hundred eighty-nine dollars and seventy-five cents, to 
be expended, together with the cash balance on hand 
and the receipts from other sources, for the above 
purposes ........ $47,289 75 

Essex County. 

1 For interest on county debt, a sum not exceeding six 

thousand one hundred fifty dollars .... $6,150 00 

2 For reduction of county debt, a sum not exceeding 

twenty-four thousand dollars ..... 24,000 00 

3 For salaries of county ofiicers and assistants, a sum not 

exceeding fifty-three thousand four hundred fifteen 

dollars 53,415 00 

4 For clerical assistance in county offices, a sum not ex- 

ceeding ninety-eight thousand six hundred seventy- 
five dollars 98,675 00 

6 For salaries and expenses of district courts, a sum not 

exceeding one hundred eighty-three thousand dollars 183,000 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 

exceeding eighty-eight thousand eighty dollars . . 88,080 00 

7 For criminal costs in the superior court, a sum not ex- 

ceeding ninet.v thousand five hundred dollars . . 90,500 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding seventy- 
two thousand dollars 72,000 00 



Acts, 1934. — Chap. 279. 343 

Item 

9 For trial justices, a sum not exceeding five thousand 

ninety dollars $5,090 00 

10 For transportation expenses of county and associate 

commissioners, a sum not exceeding one thousand 

seven hundred dollars ...... 1,700 00 

11 For medical examiners, inquests, and commitments of 

the insane, a sum not exceeding thirteen thousand 

five hundred dollars 13,500 00 

12 For auditors, masters and referees, a sum not exceeding 

nine thousand dollars 9,000 00 

14 For repairing, furnishing and impro\ang county buildings, 

a sum not exceeding twenty-three thousand three 

hundred fifty dollars 23,350 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not 
exceeding sixty-three thousand eight hundred twenty 
dollars 63,820 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding one hundred eighty- 
seven thousand one hundred fifty-five dollars . . 187,155 00 

17 For law libraries, a sum not exceeding eight thousand 

nine hundred dollars ...... 8,900 00 

18 For training school, a sum not exceeding forty-eight 

thousand four hundred ninety dollars . . . 48,490 00 

19 For maintenance of the independent agricultural school, 

a sum not exceeding one hundred fifty-two thousand 
four hundred twenty dollars ..... 152,420 00 
19a For the independent agricultural school equipment and 
buildings, a sura not exceeding two thousand eight 
hundred fifty dollars 2,850 00 

22 For pensions, a sum not exceeding eight thousand five 

hundred dollars 8,500 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding five thousand dollars . 5,000 00 

23a For unpaid bills of previous years, a sum not exceeding 

two thousand two hundred dollars .... 2,200 00 

24 For a reserve fund, a sum not exceeding ten thousand 

dollars 10,000 00 

And the county commissioners of Essex county are here- 
by authorized to levy as the county tax of said county 
for the current year, in the manner provided by law, 
the sum of eight hundred eighteen thousand five hun- 
dred eighty-five dollars, to be expended, together with 
the cash balance on hand and the receipts from other 
sources, for the above purposes .... $818,585 00 

Franklin County. 

1 For interest on county debt, a sum not exceeding twenty- 

one thousand one hundred dollars .... $21,100 00 

2 For reduction of county debt, a sum not exceeding 

twenty-five thousand five hundred one dollars and 

thirty-five cents ....... 25,501 35 

3 For salaries of county officers and assistants, a sum not 

exceeding sixteen thousand nine hundred ninety-eight 

dollars 16,998 00 

4 For clerical assistance in county offices, a sum not ex- 

ceeding seven thousand one hundred dollars . . 7,100 00 

5 For salaries and expenses of district courts, a sum not ex- 

ceeding fourteen thousand three hundred ten dollars . 14,310 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 
exceeding twenty-four thousand two hundred seventy 
dollars 24,270 00 

7 For criminal costs in the superior court, a sum not ex- 

ceeding nine thousand dollars .... 9,000 00 



344 Acts, 1934. — Chap. 279. 



Item 

8 For civil expenses in the supreme judicial, superior, pro- 
bate, and land courts, a sum not exceeding ten thou- 
sand dollars $ 1 0,000 00 

10 For transportation expenses of county and associate 

commissioners, a sum not exceeding five hundred fifty 

dollars 550 00 

11 For medical examiners, inquests, and commitments of the 

insane, a sum not exceeding one thousand five hundred 

dollars 1,500 00 

12 For auditors, masters and referees, a sum not exceeding 

one thousand five hundred dollars .... 1,500 00 

14 For repairing, furm'shing and improving county buildings, 

a sum not exceeding one thousand dollars . . 1,000 00 

15 For care, fuel, hghts and supplies in county buildings, 

other than jails and houses of correction, a sum not 

exceeding fifteen thousand two hundred dollars. . 15,200 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding fifty thousand one 

hundred fifteen dollars . . . . . . 50,115 00 

16a For examination of dams, a sum not exceeding five 

hundred dollars 500 00 

17 For law libraries, a sum not exceeding two thousand 

eight hundred dollars 2,800 00 

19 For countj' aid to agriculture, a sum not exceeding ten 

thousand three hundred dollars .... 10,300 00 

20 For the sanatorium (Hampshire county), a sum not ex- 

ceeding nine thousand six hundred nineteen dollars 

and thirty-one cents ...... 9,019 31 

20a For Greenfield health camp (chapter 354, Acts of 1928), 

a sum not exceeding two thousand dollars . . 2,000 00 

21 For Mount Sugar Loaf state reservation, a sum not ex- 

ceeding one thousand nine hundred dollars . 1,900 00 

22 For pensions, a sum not exceeding eight hundred fifty 

dollars 850 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding one thousand six hundred 

dollars 1,600 00 

23a For unpaid bills of previous years, a sum not exceeding 

nine hundred dollars ...... 900 00 

24 For a reserve fund, a sum not exceeding three thousand 

dollars 3,000 00 

And the county commissioners of Franklin county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of one hundred ninety-nine thousand four 
hundred fifty-eight dollars and ninety-three cents, to 
be expended, together with the cash balance on hand 
and the receipts from other sources, for the above 
purposes $199,458 93 

Hampden County. 

1 For interest on county debt, a sum not exceeding sixty- 

one thousand dollars $61,000 00 

2 For reduction of county debt, a sum not exceeding one 

hundred thirty-one thousand dollars . . . 131,000 00 

3 For salaries of county officers and assistants, a sum not 

exceeding forty-four thousand nine hundred dollars . 44,900 00 

4 For clerical assistance in county offices, a sum not ex- 

ceeding fifty thousand dollars .... 60,000 00 

5 For salaries and expenses of district courts, a sum not 

exceeding one hundred ten thousand dollars . . 110,000 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 

exceeding eighty-five thousand dollars . . . 85,000 00 



Acts, 1934. — Chap. 279. 345 

Item 

7 P^or criminal costs in the superior court, a sum not ex- 

ceeding thirty-five thousand dollars . . . $35,000 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding thirty-nine 

thousand dollars 39,000 00 

9 For trial justices, a sum not exceeding two thousand five 

hundred dollars 2,500 00 

10 For transportation expenses of county and associate 

commissioners, a sum not exceeding nine hundred 

dollars 900 00 

1 1 For medical examiners, inquests, and commitments of the 

insane, a sum not exceeding eleven thousand dollars 11,000 00 

12 For auditors, masters and referees, a sum not exceeding 

sixteen thousand dollars ..... 16,000 00 

14 For repairing, furnishing and impro\dng county buildings, 

a sum not exceeding eight thousand dollars . . 8,000 00 

15 For care, ftiel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not 

exceeding sixty thousand dollars .... 60,000 00 

16 For highways, including state highways, bridges and land 

damages, a sum not exceeding one hundred forty 

thousand dollars 140,000 00 

17 For law libraries, a sum not exceeding eight thousand five 

hundred dollars 8,500 00 

18 For training school, a sum not exceeding twenty-eight 

thousand dollars 28,000 00 

19 For county aid to agriculture, a sum not exceeding forty- 

three thousand dollars 43,000 00 

20 For the sanatorium (Hampshire county), a sum not ex- 

ceeding fifteen thousand three hundred ninety dollars 

and ninety-two cents ...... 15,390 92 

20a For the preventorium, a sum not exceeding three thou- 
sand dollars 3,000 00 

21 For Mount Tom state reservation, a sum not exceeding 

fourteen thousand five hundred sixty-three dollars and 

sixty-seven cents ....... 14,563 67 

22 For pensions, a sum not exceeding five thousand dollars 5,000 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding three thousand seven hun- 
dred seventy-one dollars and twenty-seven cents . 3,771 27 
23a For unpaid bills of previous years, a sum not exceeding 

one thousand five hundred dollars .... 1,500 00 

24 For a reserve fund, a sum not exceeding ten thousand 

dollars 10,000 00 

And the county commissioners of Hampden county are 
hereby authorized to le\'y as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of seven hundred fifty-one thousand nine 
hundred dollars, to be expended, together with the 
cash balance on hand and the receipts from other 
sources, for the above purposes .... $751,900 00 

Hampshire County. 

1 For interest on county debt, a sum not exceeding eight 

thousand dollars $8,000 00 

2 For reduction of county debt, a sum not exceeding twenty 

thousand five hundred dollars .... 20,500 00 

3 For salaries of county officers and assistants, a sum not 

exceeding nineteen thousand four hundred thirty-five 

dollars 19,435 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing ten thousand six hundred eighty dollars . . 10,680 00 

5 For salaries and expenses of district courts, a sum not ex- 

ceeding twenty-five thousand three hundred fifty 

dollars 25,350 00 



346 Acts, 1934. — Chap. 279. 

Item 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 

exceeding twenty-four thousand two hundred dollars $24,200 00 

7 For criminal costs in the superior court, a sum not exceed- 

ing twenty thousand dollars ..... 20,000 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding twelve 

thousand dollars 12,000 00 

10 For transportation expenses of county and associate com- 

missioners, a sum not exceeding nine hundred dollars 900 00 

11 For medical examiners, inquests, and commitments of the 

insane, a sum not exceeding three thousand dollars . 3,000 00 

12 For auditors, masters and referees, a sum not exceeding 

three thousand five hundred dollars . . . 3,500 00 

14 For repairing, furnishing and improving county buildings, 

a sum not exceeding four thousand five hundred dollars 4,500 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not ex- 
ceeding thirteen thousand five hundred ninety dollars 13,590 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding seventy thousand 

dollars 70,000 00 

17 For law libraries, a sum not exceeding one thousand two 

hundred dollars 1,200 00 

19 For county aid to agriculture, a sum not exceeding ten 

thousand nine hundred ten dollars .... 10,910 00 

20 For the sanatorium, a sum not exceeding eight thousand 

three hundred seventy-five dollars .... 8,375 00 

20a For the preventorium, a sum not exceeding one thousand 

five hundred dollars 1,500 00 

21 For Mount Tom state reservation, a sum not exceeding 

two thousand three hundred twenty dollars . . 2,320 00 

22 For pensions, a sum not exceeding two thousand five 

hundred dollars 2,500 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding four thousand dollars . 4,000 00 

23a For unpaid bills of previous years, a sum not exceeding 

twelve dollars and ninety cents .... 12 90 

24 For a reserve fund, a sum not exceeding five thousand 

dollars 5,000 00 

And the county commissioners of Hampshire county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of two hundred thirty-one thousand seven 
hundred eleven dollars and ninety-eight cents, to be 
expended, together with the cash balance on hand and 
the receipts from other sources, for the above purposes $231,711 98 

Middlesex County. 

1 For interest on county debt, a sum not exceeding ninety 

thousand dollars $90,000 00 

2 For reduction of county debt, a sum not exceeding two 

hundred thirty-eight thousand dollars . . . 238,000 00 

3 For salaries of county officers and assistants, a sum not 

exceeding seventy-three thousand seven hundred 
seventy-five dollars ...... 73,775 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing two hundred twenty-three thousand four hundred 

twenty-five dollars 223,425 00 

5 For salaries and expenses of district courts, a sum not 

exceeding three hundred twenty-six thousand seven 

hundred dollars . . . . . . • 326,700 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 
exceeding two hundred sixty thousand eight hundred 
seventy-five dollars ,..,.. 260,875 00 



Acts, 1934. — Chap. 279. 347 

Item 

7 For criminal costs in the superior court, a sum not exceed- 

ing two hundred twenty-one thousand two hundred 

fifty dollars $221,250 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding one hundred 

twenty thousand five hundred seventy-five dollars . 120,575 00 

9 For trial justices, a sum not exceeding eight hundred 

fifty dollars 850 00 

10 For transportation expenses of county and associate com- 

missioners, a sum not exceeding one thousand eight 

hundred dollars 1,800 00 

1 1 For medical examiners, inquests, and commitments of the 

insane, a sum not exceeding thirty thousand dollars . 30,000 00 

12 For auditors, masters and referees, a sum not exceeding 

thirty thousand dollars 30,000 00 

14 For repairing, furnishing and improving county buildings, 

a sum not exceeding fifty thousand dollars . . 50,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not ex- 
ceeding one hundred twenty thousand five hundred 
seventy-five dollars ...... 120,575 00 

16 For highways, including state highways, bridges and 

land damages, a sum not exceeding three hundred 

thousand four hundred dollars .... 300,400 00 

17 For law libraries, a sum not exceeding eleven thousand 

one hundred dollars . . . . . . 11,100 00 

18 For training school, a sum not exceeding fifty-five thou- 

sand eight hundred seventy-five dollars . . . 55,875 00 

19 For county aid to agriculture, a sum not exceeding 

thirty-nine thousand one hundred fifty dollars . . 39,150 00 

21 For Walden Pond state reservation, a sum not exceeding 

thirteen thousand nine hundred dollars . . . 13,900 00 

22 For pensions, a sum not exceeding thirty thousand 

dollars 30,000 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding six thousand dollars . 6,000 00 

23a For unpaid bills of previous years, a sum not exceeding 

one thousand dollars ...... 1,000 00 

24 For a reserve fund, a sum not exceeding twelve thousand 

dollars 12,000 00 

And the county commissioners of Middlesex county are 
hereby authorized to levy as the county tax of said 
county for the current j^ear, in the manner provided by 
law, the sum of one million nine hundred ninety-five 
thousand four hundred forty-three dollars and seven- 
teen cents, to be expended, together with the cash 
balance on hand and the receipts from other sources, for 
the above purposes ..... $1,995,443 17 

Norfolk County. 

1 For interest on county debt, a sum not exceeding three 

thousand dollars $3,000 00 

2 For reduction of county debt, a sum not exceeding one 

thousand five hundred forty-four dollars and twelve 

cents 1,544 12 

3 For salaries of county officers and assistants, a sum not 

exceeding thirty-two thousand seven hundred eighty 

dollars 32,780 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing seventy-five thousand four hundred fifty dollars . 75,450 00 

5 For salaries and expenses of district and municipal courts, 

a sum not exceeding one hundred twenty thousand six 

hundred ninety dollars ...... 120,690 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 

exceeding sixty thousand six hundred seventy dollars 60,670 00 



348 Acts, 1934. — Chap. 279. 



Item 

7 For criminal costs in the superior court, a sum not exceed- 

ing sixty thousand one hundred dollars . . . $60,100 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding tliirtj^-five 

thousand eighty dollars ...... 35,080 00 

10 For transportation expenses of county and associate com- 

missioners, a sum not exceeding seven hundred fifty 

dollars 750 00 

1 1 For medical examiners, inquests, and commitments of the 

insane, a sum not exceeding eleven thousand five 

hundred dollars 11,500 00 

12 For auditors, masters and referees, a sum not exceeding 

fifteen thousand dollars 15,000 00 

13 For building county buildings, a sum not exceeding one 

thousand dollars 1,000 00 

14 For repairing, furnishing and improving county buildings, 

a sum not exceeding eighteen thousand dollars . . 18,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not ex- 
ceeding fifty-eight thousand three hundred twenty 
dollars 58,320 00 

16 For highways, including state highways, bridges and land 

damages, a sum not exceeding forty thousand seven 

hundred ninety-eight dollars ..... 40,798 00 

17 For law libraries, a sum not exceeding two thousand 

dollars 2,000 00 

18 For training school, a sum not exceeding two thousand 

five hundred dollars 2,500 00 

19 For the agricultural school, a sum not exceeding sixty- 

nine thousand one hundred seventy dollars . . 69,170 00 

22 For pensions, a sum not exceeding ten thousand dollars 10,000 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding three thousand two hundred 
seventy dollars and eighty cents .... 3,270 80 

23a For unpaid bills of previous years, a sum not exceeding 

two thousand dollars 2,000 00 

24 For a reserve fund, a sum not exceeding five thousand 

dollars 5,000 00 

And the county commissioners of Norfolk county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of four hundred fifty-four thousand fifty 
dollars, to be expended, together with the cash balance 
on hand and the receipts from other sources, for the 
above purposes ....... $454,050 00 

Plymouth County. 

1 For interest on county debt, a sum not exceeding seven- 

teen thousand dollars $17,000 00 

2 For reduction of county debt, a sum not exceeding forty- 

seven thousand five hundred eighty-four dollars . 47,584 00 

3 For salaries of county officers and assistants, a sum 

not exceeding twenty-six thousand eight hundred 

seventy-five dollars ...... 26,875 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing twenty-one thousand eight hundred seventy-five 

dollars . 21,875 00 

6 For salaries and expenses of district courts, a sum not ex- 
ceeding sixty thousand two hundred forty dollars . 60,240 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 
exceeding ninety-seven thousand three hundred seven- 
ty-five dollars 97.375 00 

7 For criminal costs in the superior court, a sum not ex- 

ceeding forty-three thousand six hundred dollars . 43,600 00 



Acts, 1934. — Chap. 279. 349 

Item 

8 For civil expenses in the supreme judicial, superior, pro- 
bate, and land courts, a sum not exceeding twenty-five 
thousand dollars S25,000 00 

10 For transportation expenses of county and associate com- 

missioners, a sum not exceeding two thousand three 

hundred dollars 2,300 00 

1 1 For medical examiners, inquests and commitments of the 

insane, a sum not exceeding five thousand five hundred 

dollars 5,500 00 

12 For auditors, masters and referees, a sum not exceeding 

eight thousand dollars 8,000 00 

14 For repairing, furnishing and improving county buUdings, 

a sum not exceeding seven thousand dollars . . 7,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not 
exceeding twenty-six thousand three hundred fifty 
dollars 26,350 00 

16 For highways, including state highways, bridges and land 

damages, a sum not exceeding one hundred twenty-six 

thousand dollars 126,000 00 

17 For law libraries, a sum not exceeding two thousand five 

hundred dollars 2,500 00 

18 For training school, a sum not exceeding three thousand 

dollars 3,000 00 

19 For county aid to agriculture, a sum not exceeding eight- 

een thousand two hundred dollars .... 18,200 00 

22 For pensions, a sum not exceeding seven hundred ninety- 

five dollars 795 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding two thousand eight hundred 
seventy dollars and five cents .... 2,870 05 

23a For unpaid bills of previous years, a sum not exceeding 

one thousand four hundred dollars .... 1 ,400 00 

24 For a reserve fund, a sum not exceeding five thousand 

dollars 5,000 00 

And the county commissioners of Plymouth county are 
hereby authorized to levy as the county tax of said 
county for the current year, in the manner proAdded by 
law, the sum of four hundred thirty-four thousand five 
hundred seventy-five dollars, to be expended, together 
with the cash balance on hand and the receipts from 
other sources, for the above purposes . . . $434,575 00 

Worcester County. 
1 For interest on county debt, a sum not exceeding nine 

thousand five hundred dollars .... $9,500 00 

3 For salaries of county officers and assistants, a sum not 

exceeding fifty-three thousand tliree hundred twenty- 
five dollars 53,325 00 

4 For clerical assistance in county offices, a sum not exceed- 

ing seventy-one thousand seventy-five dollars . . 71,075 00 

5 For salaries and expenses of district courts, a sum not 

exceeding one hundred fifty-two thousand two hundred 

fifty dollars 152,250 00 

6 For salaries of jailers, masters and assistants, and support 

of prisoners in jails and houses of correction, a sum not 
exceeding one hundred eleven thousand two hundred 
fifty dollars 111,250 00 

7 For criminal costs in the superior court, a sum not exceed- 

ing seventy-five thousand four hundred twenty-five 

dollars 75,425 00 

8 For civil expenses in the supreme judicial, superior, pro- 

bate, and land courts, a sum not exceeding sixty thou- 
sand one hundred fifty dollars. .... 60,150 00 



350 Acts, 1934. — Chap. 280. 



Item 

9 For trial justices, a sum not exceeding one thousand 

dollars . $1,000 00 

10 For transportation expenses of county and associate com- 

missioners, a sum not exceeding three thousand four 

hundred fifty dollars 3,450 00 

11 For medical examiners, inquests, and commitments of 

the insane, a sum not exceeding eighteen thousand 

dollars 18,000 00 

12 For auditors, masters and referees, a sum not exceeding 

twelve thousand dollars 12,000 00 

14 For repairing, furnishing and improving county buildings, 

a sum not exceeding twenty-eight thousand dollars . 28,000 00 

15 For care, fuel, lights and supplies in county buildings, 

other than jails and houses of correction, a sum not ex- 
ceeding fifty-seven thousand three hundred twenty- 
five dollars 57,325 00 

16 For highways, including state highways, bridges and land 

damages, a sum not exceeding three hundred sixty- 
nine thousand five hundred twenty-five dollars . 369,525 00 

17 For law libraries, a sum not exceeding eight thousand 

eight hundred ninety dollars ..... 8,890 00 

18 For training school, a sum not exceeding twenty thousand 

thirty-five dollars 20,035 00 

19 For county aid to agriculture, a sum not exceeding thirty- 

nine thousand nine hundred seventy-five dollars . 39,975 00 
20a For the preventorium, a sum not exceeding three thou- 
sand dollars 3,000 00 

21 For state reservations, a sum not exceeding twenty-three 

thousand six hundred dollars ..... 23,600 00 

22 For pensions, a sum not exceeding fifteen thousand dollars 15,000 00 

23 For miscellaneous and contingent expenses of the current 

year, a sum not exceeding four thousand six hundred 

dollars 4,600 00 

23a For unpaid bills of previous years, a sum not exceeding 

two thousand dollars 2,000 00 

24 For a reserve fund, a sum not exceeding twelve thousand 

dollars 12,000 00 

And the county commissioners of Worcester county are 
hereby authorized to levT as the county tax of said 
county for the current year, in the manner provided by 
law, the sum of eight hundred eighty-three thousand 
nine hundred fifty-three dollars, to be expended, to- 
gether with the cash balance on hand and the receipts 
from other sources, for the above purposes . . $883,953 00 

Approved June 12, 1934- 



Chav 280 ^^ ^^'^ relative to the regulation and limitation of 

^' HACKNEY CARRIAGES IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and ninety-two of the 
acts of nineteen hundred and thirty is hereby amended by 
striking out section four, as amended by chapter three 
hundred and six of the acts of nineteen hundred and thirty- 
three, and inserting in place thereof the following: — Section 
4. Said police commissioner shall annually grant hackney 
licenses in said city to suitable persons, firms and corpora- 
tions who are owners of vehicles known as hackney carriages, 
if such person, or one member of such firm, resides in such 
city, or if the principal place of business of such corporation 



Acts, 1934. — Chap. 281. 351 

is in such city; provided, that, at any time within one year 
after the expiration of a Hcense under this section, the holder 
thereof shall be entitled as of right, upon payment of the 
proper fee, to a renewal of such license, unless after a hearing 
before said commissioner it appears that he has good cause 
to refuse to issue the same. Licenses granted under this sec- 
tion shall be assignable, subject to the approval of said com- 
missioner, and shall be subject to such other terms, conditions 
and limitations, and be issued subject to the payment of such 
fees, a